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(영문) 서울북부지방법원 2016.06.17 2016고정1047
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

1. No one shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or arrange any other person to provide entertainment services;

Nevertheless, between February 24, 2016 and 22:00, the Defendant: (a) “C Sing practice place” operated by the Defendant of the Seoul Special Metropolitan City, Nowon-gu and the second floor “(20:30,000 won per hour to three male customers who have come to the six rooms; (b) had three guests provide entertainment services, such as D, E, and F, according to drinking and singing and dancing; and (c) had two male customers who continued to enter the same room receive 30,000 won per hour to receive 30,000 won from each other; and (d) had two guests who provide entertainment services, such as G and H, comply with drinking to customers and encourage them to provide entertainment services through singing and dancing.

2. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, the Defendant sold 30,000 male customers who entered the six rooms at the time and place specified in Paragraph 1, and sold 12,000 cans to 30,000 male customers, and sold 4 cans to 12,00 won to 2 male customers who continued to enter the room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning G, H, D, E, or F;

1. Each statement of G, H, D, E, and F;

1. Application of Acts and subordinate statutes concerning field photographs of crackdown;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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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