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(영문) 서울서부지방법원 2019.05.10 2019고정122
음악산업진흥에관한법률위반
Text

A defendant shall be punished by a fine of 600,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No karaoke machine business operator shall sell or provide any alcoholic beverage, or employ or arrange any entertainment service (no matter whether or not any male or female) or instigate a passenger.

Nevertheless, the Defendant, at around April 4, 2018, managed the said singing practice room on the first floor of Mapo-gu Seoul (Seoul) in order to operate the “C singing practice room”, and around April 21, 2018, managed the said singing practice room, the Defendant received KRW 110,00 to E who is a customer in the said singing practice room and sold can cans, 4 cans, and one disease per week, and assisted G to attract entertainment through F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each police interrogation protocol to D or F

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) seems to result in the crime of this case at the request of the branch of the defendant, and thus, it does not seem that the defendant acquired the benefits of this case. The defendant has no record of punishment except the punishment of fines twice for the crime of this case, the confession after recognizing the crime, and other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., shall be determined in consideration of the following circumstances.

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