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(영문) 인천지방법원 2014.09.12 2014고정2233
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B is a singing practice room business operator in Incheon Gyeyang-gu and fourth floor, and Defendant A is an employee.

Any karaoke machine business operator and his/her employees shall be prohibited from mediating any entertainment loan or selling alcoholic beverages in a singing practice room.

1. Defendant A

A. On March 6, 2014, around 4:30, the said singing practice room received a demand from three customers, such as E, to receive KRW 25,00 per hour, and the F, G, and H received KRW 25,00 per hour, and arranged for a entertainment loan by getting the said customer to drink in company with the said customer.

B. At the above temporary place, three customers, such as E, received 3,00 won per cans and sold 12 cans.

2. Defendant B neglected to exercise due diligence and supervision as a proprietor, and caused A, a member of the business, to commit a violation in relation to the Defendant’s business as described in Article 1-A and paragraph (b).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of H, F, and G;

1. E statements;

1. Application of statutes to field photographs, singing practice room business registration certificates, and reports on the control of public morals and business offices;

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

(a) Defendant A: Selection of a fine for negligence under Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act; Article 34(3)2 and Article 22(1)3 (a) of the Music Industry Promotion Act; Article 22(1)3 (a) of the same Act;

B. Defendant B: Articles 35, 34(2), and 22(1)4 (A) of the Music Industry Promotion Act; Articles 35, 34(3)2, and 22(1)3 (a) of the Music Industry Promotion Act (a point of sales of alcoholic beverages by A); and the choice of each fine

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act (an aggravated punishment for concurrent crimes stipulated in the Music Industry Promotion Act due to arrangement of heavy loan);

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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