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(영문) 의정부지방법원 2017.07.27 2017고단2867
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is an owner of a singing practice hall with a trade name called “E” on D and 1 underground floor at South-west-si.

(a) No sing practice room business operator shall sell or provide alcoholic beverages to customers;

Nevertheless, the Defendant, around April 4, 2017, sold 16,00 won (per 4,000 won per 1 unit) of a car cans to F, which are alcoholic beverages, to F, customers, at around 19:29, and violated the code of practice of a singing practice room operator.

(b) No person shall, for the purpose of profit-making, drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or arrange other persons to provide such entertainment services;

Nevertheless, the defendant received a request from the F to ask for the helper from the customer F at the above date, time, place, and the defendant received 30,000 won per hour, and arranged the guest's behavior by having B drink with F and drink with F.

2. No person who Defendant B shall drink alcoholic beverages with customers in a singing practice place, or provide entertainment to customers by singing or dancing with intent to make a profit;

Nevertheless, the Defendant received KRW 30,00 per hour from F, a customer, at the date and time of Paragraph 1, and at the place, and provided entertainment with dancing and singing.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Business registration certificate police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph to the closure of the video concerned);

1. Relevant legal provisions concerning criminal facts;

A. Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act (the point of selling alcoholic beverages at a singing practice place) and Articles 34(4) and 22(2) of the Music Industry Promotion Act (the point of selling alcoholic beverages at a singing practice place), and each fine is imposed.

B. Articles 34(4) and 22(2) of the Music Industry Promotion Act; selection of fines

1. Aggravation concurrent crimes;

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