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(영문) 서울서부지방법원 2017.12.14 2017고정1382
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

On August 5, 2017, the Defendant did not register a singing practice room with the competent authority, and around 05:00 on August 5, 2017, the “Creing practice room” located in Eunpyeong-gu Seoul Metropolitan Government, “In response to a request from male customers who have not been registered, three male customers who have not been registered to ask for a female helper, so that they can drink with the above customers, and let them sing and singing with the above customers, and 2.10,000 won of the above customers are sold cans and delivered to the above customers under the pretext of the drinking value, etc., and thereby, the Defendant engaged in the singing practice room business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the reporting on detection of and reporting on establishments violating the Music Industry Promotion Act, the details of enforcement, field photographs, and investigation reports (or relative verification of public officials in charge of permission for singing practice centers in Eunpyeong-gu);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)1, 18(1) (a) of the Act on the Promotion of Music Industry (a business with no registration) for criminal facts, Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(4) and 22(2) of the Music Industry Promotion Act, and each of the 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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