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(영문) 의정부지방법원고양지원 2020.12.03 2020고정634
음악산업진흥에관한법률위반
Text

Defendants shall be punished by each fine of KRW 2,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is the head of a singing practice room in Goyang-gu, Ilyang-si, Ilyang-si, and Defendant B is the person who operates the singing practice room in the above D.

1. No one shall sell or provide any alcoholic beverage to a singing practice room business operator, and he/she shall drink any alcoholic beverage with a customer in a singing practice room for profit, provide any entertainment to a customer by singing or dancing, or arrange any other person to provide such an act;

Nevertheless, at around 21:00 on June 15, 2020, the Defendant sold 8 cans(4,000 won per cans) to customers E, which are alcoholic beverages, and assisted the customers, etc. to engage in entertainment with the said customers by drinking alcoholic beverages together with singing or dancing for profit.

2. Defendant B, at the time and place specified in paragraph (1), committed the same offense as that set forth in paragraph (1) by Defendant A, an employee of the Defendant.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the Defendants’ discovery and reporting of their respective statutory statements (violation of the Music Industry Act), investigation reports (report on video counseling to customers with 5 rooms)

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act; Articles 34(4) and 22(2) (a) of the Music Industry Promotion Act; the choice of fines for negligence

(b) Defendant B: The main sentence of Article 35, Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act, the main sentence of Article 35, Article 34 (4), and Article 22 (2) of the Music Industry Promotion Act;

1. Defendants who aggravated concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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