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(영문) 대전지방법원 공주지원 2019.09.20 2019고단218
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant of “2019 Highest 218” is a person who operates a “C Kinging practice room” located in “C King practice room”, and D and E are women’s contact loans.

Any karaoke machine business operator shall not sell or provide alcoholic beverages to customers, and shall not employ a entertainment loan, offer a good offices therefor, or provide guests with entertainment services.

Nevertheless, at around 18:00 on January 3, 2019, the Defendant requested four persons, such as F, etc., who found the place as a customer, to provide drinking and female friendship. D and E, waiting in the singing practice room, intended to provide entertainment to customers, thereby arranging a entertainment loan and selling 20,000 won in total, including 20 cans, cans, bes, and bes.

The Defendant of “2019 Highest 305” is a person who operates a “C singing practice room” located in “C Sting practice room” in “Singing-si B, G, H, and I are women’s contact loans.

Any karaoke machine business operator shall not sell or provide alcoholic beverages to customers, and shall not employ a entertainment loan, offer a good offices therefor, or provide guests with entertainment services.

Nevertheless, at around 22:20 on May 13, 2019, the Defendant sold 5 cans, which are alcoholic beverages, to customers visiting the above singing practice room, for 20,000 won, and arranged G, H, and I to provide entertainment to customers.

Summary of Evidence

"2019 Highest 218"

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. An empty cans, beer photographs, and sales books and photographs "2019 Highest 305";

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G, H, and I;

5. 13. Application of C-Related Acts and subordinate statutes

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of brokerage of adjacent loans) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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