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(영문) 대구지방법원 포항지원 2018.01.10 2017고정487
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 in South-gu B at port.

A singing practice room business operator shall not sell or provide alcoholic beverages, or drink alcoholic beverages with customers in a singing practice place, or arrange customers to provide entertainment services by singing or dancing in a singing practice place for profit.

1. On October 21, 2017, around 00:05, the Defendant sold 10 cans, which are alcoholic beverages, to D, customers, at the instant singing practice place, ten cans, and tens, which are alcoholic beverages, to 4,00 won in total.

2. The Defendant: (a) received the foregoing time, place, and demand from D to provide a customer, and (b) assisted the customer by having the customer drink with E, F, G, and H to drink and singing together with D; and (c) assisted the customer to provide entertainment services for profit.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry, Article 22 (1) 3 of the Act on the Promotion of Music Industry (the point of violation of prohibition of sale of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (the point of violation of prohibition of intermediation of entertainment) concerning criminal facts, the selection of fines for each of them;

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

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

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

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