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(영문) 부산지방법원 2017.07.20 2016고정3528
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is operating a singing practice hall in the name of “D” on the first floor of the Busan So-gu C underground.

1. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, on July 16, 2016, the Defendant sold alcoholic beverages worth KRW 20,000,000, in total, to three male, such as beer, E, etc., in the instant singing practice place, and to three male, such as beer, E, etc., a customer.

2. No music practice room business operator shall arrange a loan for entertainment;

Nevertheless, the Defendant arranged a entertainment loan by making the F, who was demanded by E, the customer, in the above date, time, place, and place, and by making the said customer in concert with the said customer’s jobs, and encourage the said customer to enjoy entertainment by dancing.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of statutes on site photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (4), and Article 22 (2) of the Music Industry Promotion Act (a sales of alcoholic beverages), the selection of fines for negligence;

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 provides that the facts charged in the instant case are sufficient to be found guilty.

The reasons are as follows.

Whether a person constitutes a singing practice room under Article 22 (1) of the Music Industry Promotion Act or not should be determined depending on whether the operator is equipped with the facilities such as the singing practice room business, i.e., the video or non-cinematographic reflectr, etc., which allow the person to singing to singing to singing to singing to singing to singing to singing to the public, rather than the type of business formally reported or registered.

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