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(영문) 수원지방법원 2017.05.31 2017고정622
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

As long as the facts charged are found to be guilty, it is not separately determined on the violation of the Music Industry Promotion Act to which Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act, which applies alternatively to the case of violation of the aforesaid Act.

A singing practice room business operator shall not sell or provide alcoholic beverages to customers, and no person shall arrange entertainment entertainment activities for profit.

The Defendant is an employee of the “D Sing practice hall” operated by the Defendant, which is located in the wife B at the permissible time.

On November 15, 2016, the Defendant sold 5 cans to customers, such as E (55) who found in the instant singing practice room around 18:18, 2016, in an amount equivalent to 20,000 won, and assisted the Defendant to receive 25,000 won per hour from female players who did not know their names, and to provide entertainment reception service by drinking alcohol together with the said customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each copy of a report and a statement;

1. Application of Acts and subordinate statutes to report on investigation (Listening to statements following interview with a suspect, etc.);

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 35, 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (4) and 22 (2) (the point of arranging entertainment and the choice of fines) of the Music Industry Act on criminal facts;

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

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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