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(영문) 서울중앙지방법원 2021.01.28 2020고정1761
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates the Seoul Seocho-gu Seoul Metropolitan Government Sing Practice Center.

A singing practice room business operator shall not sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

1. On May 28, 2020, the Defendant sold to two male customers in the instant singing practice place four cans which are alcoholic beverages in 12,00 won to two male customers.

2. Around 00:40 on May 28, 2020, the Defendant paid 35,000 won per hour to two women, such as D, E, etc. in the instant singing practice room, and the Defendant had the said women drink with male customers and provided entertainment services by allowing them to drink with music or dancing.

Summary of Evidence

1. The defendant's legal statement D, each written statement of the police suspect interrogation protocol against E, and each statement of G;

1. Application of enforcement manual statutes;

1. Relevant Article 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) of the Music Industry Promotion Act on criminal facts, the selection of fines for negligence, Article 22(1)4 (a) of the same Act on the Promotion of Music Industry, 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. Since there is no change in circumstances that may be considered in sentencing after notification of summary order, such as the reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”), there is a record of being sentenced to a fine for the same kind of crime in around 2017, the amount of fine specified in the summary order shall be maintained as is.

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