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(영문) 인천지방법원 2016.06.17 2015고정2943
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 person who operates a singing practice hall in the name of “D’s singing practice hall” on the south-gu Incheon Metropolitan City branch.

1. No music practice room business operator who violates the Music Industry Promotion Act by selling alcoholic beverages shall sell or provide alcoholic beverages;

Nevertheless, around July 23:00 on July 9, 2015, the Defendant sold eight cans to two customers, E, etc. in the instant singing practice place.

2. No music practice room business operator who has violated the Music Industry Promotion Act by arranging a loan for entertainment shall employ a loan for entertainment;

Nevertheless, the Defendant received demand from the above E, etc. at the time and place described in paragraph (1) and arranged for an entertainment loan by having F and G receive KRW 25,00 per hour each time and drink with the above E, etc. and drink and dance together with the above E.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the third public trial protocol;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, respectively;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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