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(영문) 서울서부지방법원 2012.11.16 2012고단1442
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who operates a singing practice room under the trade name of Yongsan-gu Seoul Metropolitan Government Yongsan-gu C.

1. Every karaoke machine business operator who operates a karaoke machine without registration shall register with the head of the relevant Si/Gun/Gu;

Nevertheless, from March 5, 2012 to July 2, 2012, the Defendant run a singing practice room business by installing a studio and an automatic reflective device without registering a singing practice room from around July 5, 2012.

2. No karaoke machine business operator who has sold or provided alcoholic beverages, or employed a entertainment business operator shall sell or provide alcoholic beverages, or employ or arrange a entertainment loan for profit;

Nevertheless, at around 23:30 on March 20, 2012, the Defendant: (a) sold to male customers whose name cannot be known in the above “C” after receiving 3,000 won per hour a car cans; and (b) provided D with a male customer with whom his/her name cannot be known, allowing him/her to drink and her singing together with other male customers.

2. No karaoke machine business operator shall sell or provide alcoholic beverages;

Nevertheless, around 22:30 on July 2, 2012, the Defendant sold the cans to male customers under his name in Yongsan-gu Seoul Metropolitan Government by receiving 2,50 won per cans per single.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Police suspect interrogation protocol of F (D);

1. Application of the Acts and subordinate statutes to photographs of control site, signboards of business place, and violations of control site photographs;

1. Article 34 (3) 1, Article 18 (1), Article 34 (3) 2, Article 22 (1) 3 (a) and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense;

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

1. The grounds for conviction and sentencing of Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse.

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