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(영문) 서울동부지방법원 2013.07.11 2013고정1104
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates a singing practice room with a trade name called “D” on the first floor of Gwangjin-gu Seoul Special Metropolitan City C.

1. Any person who intends to operate a singing practice room shall file for registration with a competent authority;

Nevertheless, on December 15, 2012, the Defendant, without registering with the competent authority, received KRW 30,000 per hour from E (52 years of age) and F (53 years of age) a customer in the instant singing practice room operated by the Defendant.

2. Any karaoke machine business operator shall be prohibited from selling or providing any alcoholic beverage to any customer in his/her singing practice room;

Nevertheless, the Defendant violated the obligations of the karaoke machine business operator by providing his employees G (53 years of age, female) to E (52 years of age) and F (53 years of age) who is the customer under the above Paragraph (1) in a karaoke machine under the above Paragraph (1) operated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police officer in relation to E and G;

1. Copy of the police statement of E;

1. E prosecutorial statement;

1. Each investigation report, application of each photographic statute;

1. Article 34 (3) 1, Article 18 (1), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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