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(영문) 서울중앙지방법원 2020.02.05 2019고정2691
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 room in the name of "C" on the Seocho-gu Seoul Metropolitan Government building B and underground first floor.

1. Any karaoke machine business operator shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, around 02:00 on September 14, 2019, the Defendant sold 10 cans to two customers, such as D, which had been customers at the singing room.

2. No karaoke machine business operator shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, in his/her singing practice room for profit;

Nevertheless, at the same time and place as above 1. Paragraph (1) of this Article, the Defendant, at the request of the above customers, assisted the customers to enjoy entertainment by dancing and singing, thereby violating the rules of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Registration certificate of singing practice room business;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 34 (2) of the relevant Act on Criminal Facts, Articles 22 (1) 4 of the Music Industry Promotion Act (the point of arranging the act of running a singing practice room business), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of running a singing practice room business), the selection of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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