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(영문) 인천지방법원 부천지원 2015.06.04 2015고단852 (1)
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 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 room with the trade name of “C singing practice room” in Bupyeong-gu, Orcheon-si B.

No one shall, for the purpose of profit-making, arrange for entertainment of customers by drinking alcoholic beverages together with customers, singing or dancing.

Nevertheless, around 22:00 on February 15, 2015, the Defendant: (a) around 22:00, provided that the Defendant would pay 25,000 won per hour to D; and (b) introduced to the customer E; (c) provided the customer E with dance and singing.

(b) No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, the Defendant sold six cans to customers E at the same time and place as the entry of the first clause, and violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of statutes on site photographs;

1. Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (the point of arranging visitors and the choice of fines), Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of violating the code of practice and the selection of fines) of the relevant law on criminal facts;

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

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

4. The punishment shall be determined as per the order, in consideration of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act reflects his depth of error and only the previous conviction of the fine, etc.

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