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(영문) 서울남부지방법원 2014.01.21 2014고정28
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who directly operates a "Dking practice room" located in Gangseo-gu Seoul Metropolitan Government, and Defendant B is a person who actually operates the said King practice room on behalf of the said A if there is no above A as an employee of the said King practice room.

1. Defendant A’s karaoke machine business operator shall be prohibited from employing, mediating, or arranging a loan for entertainment;

Nevertheless, at around 19:00 on September 10, 2013, Defendant A arranged to engage in entertainment by giving 25,000 won per hour to E (the 44 years of age), F (the 47 years of age), who is named in the singing room (the 47 years of age). At the same time, Defendant A arranged to engage in entertainment by singing together with seven male customers G et al. in one singing room.

2. The Defendants may not sell or provide alcoholic beverages.

Nevertheless, while the Defendants conspired to sell alcoholic beverages to customers in advance and kept alcoholic beverages in the main air conditioners of the said establishment, the Defendants sold 15 can cans to the above male grandchildren in total at 45,000 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol concerning E and F;

1. Application of Acts and subordinate statutes governing field mining inspections;

1. Defendant A who has the relevant provision of the Act on the Promotion of Music Industry and who has the choice of punishment for the crime: Articles 34 (2), 22 (1) 4 (Selection of a fine) of the Music Industry Promotion Act, Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act, Article 30 (Appointment of a fine) of the Criminal Act: Defendant B: Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act, Article 30 of the Criminal Act;

2. Defendant A from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

4. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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