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(영문) 의정부지방법원 2017.05.18 2017고단755
음악산업진흥에관한법률위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 4,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants operated a singing practice hall in the name of “E” on the D branch of the Government-si.

A person who intends to engage in a singing practice hall shall be equipped with facilities for singing practice determined by the Ordinance of the Ministry of Culture and Sports and shall register with the competent authority, and a singing practice hall business operator shall not sell or provide alcoholic beverages.

1. On June 9, 2016, from around August 24, 2016 to around August 24, 2016, Defendants: (a) provided “E” with eight guest rooms with a video reflective device, etc. that allows singing in each guest room; (b) provided singing to customers; and (c) provided music services with KRW 20,000 per hour; and (d) provided a non-registered singing practice room business.

2. On August 24, 2016, the Defendants sold and provided alcoholic beverages in a singing practice room by the F, an employee of “E”, by selling the can cans to customers 5 cans and 15,000 won to customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. A business control report, on-site photographs, and business registration certificate;

1. Trade details and the receipt of benefits;

1. Application of Acts and subordinate statutes of lease agreement;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)1 and 18(1) of the Act on the Promotion of Music Industry, Article 30 (a) of the Criminal Act, Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act, Article 30 (a) of the Criminal Act, Article 30 (a) of the Criminal Act, and Article 34(3) of the same Act, Article 30 (a) of the Criminal Act, and Article 34 of the Act on the Promotion of Music Industry, and Article 34(3)1 and Article 18(1) of the same Act, and Article 30 (a) of the

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

1. Article 70(1) and Article 69(2) (Defendant B) of the Criminal Act (Article 70(1) and Article 69(2) of the Criminal Act (Defendant B);

1. Article 62(1)(a) of the Criminal Act provides that Defendant A was punished several times for the same crime for the reason of sentencing, and Defendant B was punished once by a fine, but all the Defendants are in profoundly against the mistake.

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