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(영문) 인천지방법원부천지원 2020.12.03 2020고정742
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant operates ‘C' in Bupyeong-si B.

1. No person who runs a singing practice room for offering alcoholic beverages shall sell or provide any alcoholic beverage in his/her place of business;

Nevertheless, at around 21:00 on May 26, 2020, the Defendant provided 2 cans, which are alcoholic beverages, to male customers D.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

2. No person who operates a singing practice room business for arranging a loan for entertainment shall employ a loan for entertainment, arrange a loan for entertainment, or engage in entertainment;

Nevertheless, the defendant around 21:00 on May 26, 2020 to receive 30,000 won per hour from a man who was found as a guest, and arranged female contact E.

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning E (2) and F;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 of the Act on the Promotion of Music Industry (the point of good offices for adjacent loans), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of providing alcoholic beverages), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the amounts);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires multiple kinds of criminal records with the reason for sentencing, the denial of the crime at the early stage of the investigation and the recognition of the facts of the crime from the time of the second interrogation of the police, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, circumstances of the crime, and circumstances after the crime.

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