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(영문) 의정부지방법원 2018.01.25 2017고정2551
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[2017 High 2551] The Defendant is a person who operates a singing practice hall under the old city B.

1. Although a singing practice room business operator is prohibited from selling or providing alcoholic beverages, the Defendant sold to four male customers in the above singing practice room 6 around August 24, 2017, together with five cans and cans, which are alcoholic beverages, to 20,000.

2. Although a singing practice room business operator was prohibited from employing and arranging a entertainment loan, the Defendant arranged a entertainment loan by having two persons with entertainment loans, such as D, in the time, place under the preceding paragraph, and upon receiving a demand from the male customers to get a dance, and by having two persons with entertainment loans, such as D, enter the above customers in the same manner as the above customers to drink, sing, singing, and encourage entertainment.

[2017 High 2553] The Defendant may not sell alcoholic beverages in a singing practice room as a person who operates a singing practice hall "Singto B or Mesing hall".

Nevertheless, on August 24, 2017, E et al., who had been a guest in a singing room around 19:20 on August 24, 2017, sold alcoholic beverages with a total of 12,000 won, including one man and two man-dayss.

Summary of Evidence

[2017 High Court Decision 2551]

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect with regard to D (two times);

1. The registration certificate of singing practice place business;

1. On-site photographs (2017 Go fixed 2553);

1. Statement by the defendant in court;

1. E statements;

1. The registration certificate of singing practice place business;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)3 (the point of offering alcoholic beverages), Articles 34(2) and 22(1)4 (the point of offering alcoholic beverages), and 22(1)4 (the point of arranging a loan) of the Music Industry Promotion Act, and the choice of fines for each crime;

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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