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(영문) 전주지방법원 2015.06.11 2015고정140
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Dking practice room” in Jeonju-si C.

Any karaoke machine business operator shall not sell or provide alcoholic beverages, and no one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services in a singing machine for profit.

1. On November 4, 2014, from around 21:00 to around 03:35 the following day, the Defendant sold and supplied alcoholic beverages equivalent to KRW 135,000, including 4 bottles, cans, 15 cans, and 15 cans.

2. The Defendant, at the time, at the same time and place as mentioned in the above paragraph (1), assisted the customer to engage in entertainment, such as singing singinging four singings with his name or her own singings together with the customer, upon receiving the request from E, who is the customer.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the occurrence of a case in violation of the Music Industry Promotion Act;

1. Application of registration certificate copies, sales slips-related Acts and subordinate statutes;

1. Article 34 (3) 2, Article 22 (1) 3 (a) and Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning criminal facts, the choice of fines for negligence, and the choice of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (not subject to sentencing criteria) of the provisional payment order (Article 334(1) of the Criminal Procedure Act is the primary offender, and the depth of the instant crime is divided after recognizing the instant crime, considering the favorable circumstances, such as the fact that the value of alcoholic beverages sold and offered is a relatively large amount, etc., respectively, and the instant case takes account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the

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