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(영문) 대전지방법원 홍성지원 2016.02.17 2015고정287
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates an “I Singing Practice” in Chungcheongnam-si, Chungcheongnam-do.

On February 24, 2015, at around 22:00, the Defendant received a demand from the J, etc., a customer, to provide a singing room, and arranged a contact by providing K, L, M, N,O, and P with a singing room, and sold the said J, etc. at KRW 30,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a police officer in relation to K, L, M, N, P, orO;

1. Application of Acts and subordinate statutes on investigation reports (not more than 73 pages of investigation records);

1. Relevant legal provisions concerning facts constituting a crime and arranging loan services for the choice of punishment: The points of sales of alcoholic beverages under Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (prestigious selection of punishment): Articles 34 (3) 2 and 22 (1) 3 (Selection of punishment) of the Music Industry Promotion Act;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the Act on the Promotion of Music Industry aiming at Providing more heavy loan);

1. Article 70(1) and Article 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;

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