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(영문) 대전지방법원 2017.02.10 2016고정1552
음악산업진흥에관한법률위반
Text

1. The defendant shall be punished by a fine of 400,000 won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No person shall provide any entertainment to customers at a singing practice place for profit.

Nevertheless, from July 13, 2016 to 23:35 on the same day, the Defendant received 30,000 won per hour from the “Csing practice hall” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and provided entertainment with one customer D and one other.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A written statement;

1. A criminal investigation report (including photographs attached thereto), investigation records, investigation reports (person F telephone conversations for a witness), and application of Acts and subordinate statutes to report an investigation (suspects specified as suspects), including the investigation records, etc. on the 50 large portraits and female under the name of the 50 large portraits;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records as his/her singing practice room business is disadvantageous to the defendant.

However, the following facts are favorable to the defendant: (a) the defendant is against the defendant; (b) the defendant was crackdownd after the agreed time has elapsed; (c) the defendant was not paid compensation due to the crackdown of this case; (d) the defendant raised his children due to the care of the defendant; (e) economic difficulties as a recipient of basic livelihood security; and (e) the defendant is not healthy, such as undergoing surgery with the Athr

In full view of such circumstances and other circumstances as the defendant's age, sex, family relationship, environment, occupation, etc. and conditions for sentencing as shown in the pleadings, the sentence shall be determined as ordered in consideration of the amount of the fine imposed by this court and each court of the Republic of Korea in a similar case.

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