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(영문) 서울서부지방법원 2018.10.31 2018고정795
음악산업진흥에관한법률위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a singing practice provider who operates a singing practice hall with the trade name "C" in Yongsan-gu Seoul Metropolitan Government, and a singing practice provider shall not arrange for a loan for entertainment.

Nevertheless, on June 13, 2018, the Defendant received a demand from seven customers who are unable to know their names in the above singing practice place, and paid 35,000 won per hour to each customer, and the Defendant violated the rules of practice provider by drinking alcohol with customers by drinking alcoholic beverages and encouraging them to provide entertainment through singing and dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes to the registration certificate of singing practice place business;

1. Relevant Article 34 of the Music Industry Promotion Act and Articles 34 (2) and 22 (1) 4 of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the Defendant had been punished three times or more for a violation of the code of practice of singing practice room business operators, such as the sale of alcoholic beverages, even before the Defendant committed the instant crime by taking into account the fact that the relevant crime was heavier than the sale of alcoholic beverages as an employment for entertainment, etc.

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