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(영문) 서울남부지방법원 2018.07.11 2018고정409
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name "C" in Gangseo-gu Seoul Metropolitan Government B and branch.

1. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, around December 21, 2017, the Defendant sold two cans to D who are customers, and violated the code of practice by selling two cans to D who are customers.

2. No music practice room business operator shall employ nor arrange a loan for entertainment;

Nevertheless, the Defendant violated the code of practice of the singing practice room business operator, such as allowing E, who has received a demand from the customer D to get a member of the same time and place as the above Paragraph 1, to sit in with the said customer, and allowing E, who has been a member of the said customer, to drink with the said customer, and to talk with the said customer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Written statements of D;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Act on the Promotion of Music Industry, Articles 34(3)2, 22(1)3 (a) and 34(2), and 22(1)4 (a) and 22(1)4 (a) of the Act on the Promotion of Music Industry, which relate to criminal facts, and the selection of fines for negligence;

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 was that the Defendant was punished by a fine for the same kind of crime in 2007 and 2008. On October 2, 2017, the Defendant violated the code of practice as a karaoke machine operator by selling alcoholic beverages in the instant singing practice (Seoul Southern District Court Decision 2017 High Court Decision 2017 High Court Decision 1381).

The defendant is requesting to reduce the amount of fine for a summary order on the ground of economic circumstances, and he/she will not seriously reflect the crime or violate the law in the future.

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