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(영문) 서울북부지방법원 2017.05.18 2017고정681
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall on the first floor of Seongbuk-gu Seoul Metropolitan Government B building with the trade name "Creing practice hall".

A. Although a singing practice businessman is prohibited from selling or providing alcoholic beverages at the place of business, the Defendant sold alcoholic beverages equivalent to 24,000 won at the market price of cans, to D and two other customers who are customers in the said place of singing practice on January 5, 2017.

(b) No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services for profit;

Nevertheless, at the time, at the place, at the above “A” request from two customers D and other places, the Defendant assisted the above-mentioned “A,” and arranged the Defendant to give a singing while drinking together with the above-mentioned D and two other persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to registration certificates for singing practice place business;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

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) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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