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(영문) 창원지방법원 거창지원 2012.11.28 2012고정55
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a DNA singing practice room in Gyeongnam-gun C.

1. On January 13, 2012, despite the fact that a karaoke machine business operator was prohibited from selling or offering alcoholic beverages, the Defendant sold or supplied seven strings to E and two other customers of the said karaoke machine operated by the Defendant at around 00:00.

2. Any person, for the purpose of profit-making, was prohibited from acting as a broker in a singing practice room for entertainment with customers, or acting as a broker for entertainment with customers. However, the Defendant assisted the F, G, and H to provide entertainment services to two other than E at the date, time, and place specified in paragraph (1).

Summary of Evidence

1. Each legal statement of witness E and I;

1. Each protocol of interrogation of partial police officers against Defendant, G, F, and H:

1. Each police officer and prosecutor's protocol concerning E and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of providing alcoholic beverage sales) and Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning facts constituting an offense: Selection of a fine for negligence;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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