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(영문) 수원지방법원 2016.04.07 2015고정2877
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name of “Esing practice hall” in C and 201 (D).

No sing practice room business operator shall employ any entertainment loan or arrange such loan.

Nevertheless, at around 21:30 on May 20, 2015, the Defendant: (a) requested the above singing practice room VIP2(4) to leave the customer F work; and (b) demanded G and H et al. to leave the said customer’s vision and to receive KRW 37,000 per hour from the customer; and (c) arranged the loan in a manner that allows the customer to receive KRW 37,000 per hour.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the suspect examination protocol by the prosecution and the police concerning the accused;

1. Each protocol concerning the examination of the police officers in relation to G, H and I;

1. Each statement, etc. of G and H;

1. A written confirmation;

1. Field control photographs;

1. Each investigation report (the sequence 1, 2, 18 of the evidence list);

1. Investigation report (suspect G phone statement hearing report);

1. The application of Acts and subordinate statutes to telephone details and investigation reports;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense, and Articles 34 (1) and 22 (1) 4 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is as follows: (a) the Defendant operated the “Esing practice hall” and the “Jing shop”, which is an entertainment shop, on the D 2nd floor in the judgment of the lower court; (b) the Defendant was a guest of the above entertainment shop in the instant case.

The Defendant did not notify the Defendant, etc. of the facts constituting the crime stated in the judgment through I (one name K) where the F is a branch, and the Defendant did not voluntarily move to a entertainment shop and to a singing practice room on the ground that the room is narrow, and the Defendant did not have any arrangement for the loan.

2. The judgment is based on the evidence of the judgment.

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