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(영문) 대전지방법원 홍성지원 2013.06.05 2013고정178
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 joint business owner of Hongsung-gun BYYYYYY.

1. In spite of the fact that a singing practice room business operator is prohibited from selling or offering alcoholic beverages, the Defendant sold three cans to customers C, etc. at the singing room around January 19, 2013 and sold alcoholic beverages.

2. No one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, for the purpose of making profits;

At the time and place mentioned in paragraph (1), the Defendant arranged entertainment by having D, E, and F drink together with C, etc., a customer, and encourage entertainment, and in return, to pay 20,000 won to the above women.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against D, F, or E;

1. Statement of the police statement regarding C;

1. Application of statutes on field photographs at the time of enforcement;

1. Article 34 (3) 2 of the relevant Act and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of fines), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the maximum amount of the above two crimes to the penalty determined for the violation of the Music Industry Promotion Act, which is heavier than the punishment);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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