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(영문) 서울북부지방법원 2013.04.17 2013고정359
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From around 209, the Defendant is a person running a singing practice room in Seoul Jung-gu, Seoul. 1. In spite of the fact that a singing practice room business operator was prohibited from selling or providing alcoholic beverages, the Defendant sold four cans, which are alcoholic beverages, to customers outside C and one other, at around 22:18, August 27, 2012.

2. The date and time, place, as described in paragraph (1) above, the defendant may not arrange any other person to drink with a customer or to provide entertainment to a customer by singing or dancing in a singing practice room for profit.

A. D and E, waiting in the vicinity of the above singing practice room, upon the request of the above C and one other, have them enter the room in which the above customers are located and have them provide entertainment services to the above customers by dancing or singing, and arrange them to provide entertainment services;

B. Upon receiving the demand for delivery of the word “F” from the customers under his name, the news release room business operator visited G with “F,” thereby allowing H to enter the room in which the said customers are located, thereby allowing the said customers to provide entertainment services by dancing or singing to encourage the said customers to provide entertainment services.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police interrogation protocol of E, D, H, and G;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), and Articles 34 (4) and 22 (2) (the point of referral for entertainment) of the relevant Act on the Promotion of Music Industry concerning facts constituting an offense;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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