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(영문) 서울동부지방법원 2014.02.05 2013고단3132
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine of one million won, and by a fine of three hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. A person who operates a singing practice room with the trade name of “D” on the first floor of Gangdong-gu Seoul Metropolitan Government, and a singing practice room business operator is prohibited from selling or providing alcoholic beverages, and a singing practice room business operator is prohibited from acting as a guest in a singing practice room for profit-making purposes, and does not act as an intermediary to encourage the customer to provide entertainment by singing or dancing with the customer. On August 23, 2013, Defendant A sold three cans to customers whose name is not known in the said singing practice room at around 02:00 on August 23, 2013, and promised the said customer to pay KRW 20,000 per hour for a profit-making purpose upon receiving the said customer’s demand for delivery, by promising that the said customer pay KRW 20,000 per hour for drinking, singing, or dancing with the said singing practice room.

2. Defendant B received KRW 20,00 per hour from A on the date, time, and place as referred to in Paragraph 1, and provided entertainment with the said customer by drinking alcohol, dancing or singing.

Summary of Evidence

1. Defendants’ respective legal statements

1. Control photographs;

1. Application of statutes governing enforcement manuals;

1. Article 34 (3) 2, Article 22 (1) 3, Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act, Defendant A who selects a fine: Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act, Article 34 (2) of the Music Industry Promotion Act, and Article 22 (2) of the selection of a fine;

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

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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