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(영문) 서울서부지방법원 2017.11.29 2017고정1402
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of four 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 a singing practice hall on the second floor in Mapo-gu Seoul, Seoul.

A singing practice room business operator shall not sell alcoholic beverages nor arrange a loan for entertainment.

Nevertheless, on April 8, 2017, the Defendant received a demand from four male customers, such as D, etc., to provide entertainment services. On April 8, 2017, the Defendant received 30,000 won per male customers, such as D, and received 30,000 won per single customer, and provided four women, including D, with four women’s entertainment loans, and provided entertainment services with music and dancing, and sold 40,00 won to four women, such as D, and sold 10 canscams, thereby violating the rules of practice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Partial statements made in relation to each of the police suspect interrogation records against F, G, or H;

1. Application of field photographs and investigation reporting Acts and subordinate statutes;

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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