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(영문) 서울서부지방법원 2017.08.25 2017고정833
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a sing practice hall operator who operates "C" on the first floor of a building in Mapo-gu Seoul Metropolitan Government.

1. No singing practice room business operator shall arrange a loan for entertainment;

Nevertheless, on May 19, 2017, the Defendant: (a) received a request from D, a customer who had found his place in the above singing practice place, and (b) received a request from D, a customer who had been making him to receive KRW 30,000 per hour; and (c) assisted the customer to participate in entertainment with music or dancing, thereby having the customer attend the meeting, thereby violating the obligation of the said person.

2. No singing practice room business operator shall sell or provide alcoholic beverages to customers;

Nevertheless, the defendant violated the rules of practice by selling cans for 2 cans for 6,000 won to D who are customers at the same time and place as the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report the detection;

1. Relevant legal provisions of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and (2), 34(3)2 and 22(1)3 (a) of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts, and the Selection of fines;

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

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