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(영문) 청주지방법원 2020.11.25 2020고단1773
음악산업진흥에관한법률위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1.5 million won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a “D-sing practice room” located in the petition district C at the Cheongju-si.

No karaoke machine business operator shall sell or provide alcoholic beverages or arrange a loan for entertainment in a singing practice room.

Nevertheless, on May 22, 2020, the Defendant sold and provided two cans (5,000 won per opening) to a male who is a customer's name, and one disease (5,000 won per disease) to a male who has visited the above singing practice room around that time, and then arranged a entertainment loan by having B talk about 30,000 won per hour to receive 30,000 won per hour with the above person's name as a guest, who is five customers of the said singing practice room.

2. No one shall drink alcoholic beverages with customers, singing or dance in a singing practice room for profit;

Defendant above

1. The date, time, place, as mentioned above, would receive KRW 30,000 per hour, and the said singing practice room together with the name and influence of the five customers, engaged in drinking or singing together with the said singing practice room.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the police protocol of statement to E in-depth photo Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 34 (3) 2, 22 (1) 3 (a) of the Music Industry Promotion Act, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of providing loan assistance, and choice of imprisonment);

(b) Defendant B: Articles 34(4) and 22(2) of the Music Industry Promotion Act (Selection of Fines)

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment (Defendant B).

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