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(영문) 수원지방법원 여주지원 2017.02.01 2016고정336
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a singing practice hall with the trade name "Ding practice hall" with the third floor located in Echeon-si, Gyeonggi-do.

(a) No singing practice room business operator shall employ any entertainment loan, arrange any entertainment service provider, or solicit any person;

Nevertheless, at around 03:14 September 30, 2016, the Defendant received a demand from male grandchildren to help them do so at the above D Sing practice place, and the Defendant arranged for a entertainment loan by having you drink with customers and talk with them.

(b) No singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, around 02:00 on September 30, 2016, the Defendant sold to two male customers of the above D Sing practice room 3 rooms with two cans and two cans and two cans and two cans, and one hundreds of alcoholic beverages with a total of 10,000 won.

2. No person who Defendant B shall drink alcoholic beverages with customers, singing or dance in a singing practice place for profit;

Nevertheless, on September 30, 2016, the Defendant received KRW 25,00 per hour at the above D Sing practice place, and provided visitors with entertainment by drinking alcohol or singing together with other customers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on occurrence (violation of the Music Industry Promotion Act);

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act; Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act (a) and each fine is imposed;

(b) Defendant B: Articles 34(4) and 22(2) of the Music Industry Promotion Act (excluding punishment)

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

1.Article 70(1) of the Criminal Code for the confinement of a workhouse.

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