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(영문) 대구지방법원 2016.10.07 2016고정1764
음악산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

[Joint Conduct by the Defendants] The Defendants are those who jointly operate a singing practice room with the trade name of “Ding practice room” in Daegu-gu, Daegu-gu.

No karaoke machine business operator shall sell or provide alcoholic beverages, or employ or arrange for a loan for entertainment.

A. On May 18, 2016, at around 22:20 on May 18, 2016, the Defendants: (a) received 60,000 won from two male visitors who cannot know the names of customers in front of the toilets in the instant singing practice room; and (b) sold 30,000 won per hour, and arranged loan E and F (e.g., 37 years old, 54 years old, 54 years old) to provide entertainment services by allowing them to sit together with the said customers.

B. On May 18, 2016, at around 21:00, the Defendants arranged for a loan to four male visitors who cannot know the names of customers in front of the said singing practice room, such as selling 10 string cans, beer, and beer in the market value, G (n, 47 years old), H (n, 48 years old), I (n, 57 years old), J (n, 47 years old), and J (n, 47 years old) at a intervals of KRW 30,00 per hour, and having them attend the said room and drink with music while drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. F statement among the interrogation protocol of the police as to Defendant B

1. Each police interrogation protocol against E, F, G, H, I, and J;

1. Each pledge of E, F, I, and J;

1. Each statement of E, F, G, H, I, and J;

1. Application of statutes governing registration certificates for singing practice establishments;

1. The Defendants who have the choice of applicable laws and punishment for criminal facts: Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act, Article 30 of the Criminal Act, Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act, Article 30 of the Criminal Act, Article 34 (2) and Article 22 (1) 4 of the Criminal Act, Article 30 of the Criminal Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2)1 of the Criminal Act.

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