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(영문) 대구지방법원 서부지원 2013.09.26 2013고단938
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business proprietor who runs a singing practice room with the trade name of “D” in the Ganbuk-gun, the elderly group C.

1. Any person who intends to run a singing practice room business without registration shall complete registration with the head of the competent Si/Gun/Gu, equipped with the facilities of the singing practice room business pursuant to relevant statutes;

Nevertheless, the Defendant, without registering a singing practice room business, installed seven singing rooms on a scale of 50 square meters, and operated a singing practice room business on February 7, 2013 by receiving two males, whose names cannot be known in the said singing practice room (VIP 1 room) from the above singing practice room business around 20:20 on February 7, 2013.

2. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, the Defendant received 20,000 won and sold 1 20,000 won of alcohol to two customers at the time and place under Paragraph (1).

3. No karaoke machine business operator shall arrange a vaccination loan;

Nevertheless, the Defendant, at the time, at the place under Paragraph (1) and at the same time and place, had E and F receive KRW 30,000 per hour, and had two customers attend with the above customer, and arranged the loan by drinking and singing together.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. Application of Acts and subordinate statutes to a report on the occurrence of a case, and a report on internal investigation (related photographs);

1. Article 34 (3) 1, Article 18 (1) (a) of the Music Industry Promotion Act (a place of a singing practice room business without registration), Article 34 (3) 2, or Article 22 (1) 3 (a place of a sales of alcoholic beverages) of the Music Industry Promotion Act concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

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