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(영문) 청주지방법원 충주지원 2018.10.31 2018고단409
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” on the first basement B of the Chungcheongnambuk-gu Audio Group.

No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, for profit.

Nevertheless, at around 20:50 on April 3, 2018, the Defendant violated the code of practice of a singing practice room business operator by allowing D and E to drink with customers F and to provide entertainment to customers by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Reporting on the arrest of a case;

1. Application of statutes on site photographs;

1. Article 34 (2) and Article 22 (1) 4 (Selection of Punishment) of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order has more than twice the number of factors of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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