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(영문) 서울서부지방법원 2017.06.01 2017고정395
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a singing practice hall operator operating the “Cing practice hall” in Eunpyeong-gu Seoul Metropolitan Government, and the Defendant shall not have access to juveniles other than the hours for admitting juveniles (09:0 to 22:00).

Nevertheless, on February 16, 2017, the Defendant violated the code of practice of the singing practice center operator by entering and leaving D(17 years old), E( South, 17 years old) as a juvenile at the time of access to the above singing practice place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to report the detection;

1. Relevant Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 2 of the Act on the Selection of Punishment for Criminal Facts (Selection of Penalty)

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) although the Defendant recognized and reflected the instant crime; (b) however, in 201 and 2017, there was a record of having been sentenced to a fine of two times due to the fact that he operated the said singing practice place and sold alcoholic beverages; and (c) other all the sentencing conditions, including the Defendant’s age, sex behavior, environment, etc., are considered.

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