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(영문) 수원지방법원 성남지원 2018.08.23 2018고정708
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Defendant, Sungnam-gu, Sungnam-gu

B. A person who operates a singing practice hall in the name of “C Sing practice hall” on the third floor.

1. No person shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or arrange any other person to provide such entertainment services;

Nevertheless, on March 19, 2018, the Defendant arranged to provide entertainment services to customers by drinking together with two singinging female customers upon request from the above singing practice room customers. However, on March 19, 2018, the Defendant arranged to provide entertainment services to customers by dancing.

2. No person who operates a singing practice hall shall sell or provide alcoholic beverages;

Nevertheless, the defendant received 16,00 won from customers in singing practice place at the time, time, and place under the above 1) and sold beer 4 cans.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written petition or a report;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant’s mistake and leads to the instant crime due to the enemy’s operation and the increase of debts. However, considering such circumstances, there is little possibility of liability or criticism in light of the criminal history of the Defendant’s identical crime, the interval between recent crimes, etc.

In addition, the punishment is determined as ordered in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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