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(영문) 부산지방법원 동부지원 2016.08.29 2016고정630
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a singing practice room operator who operates the “Csing practice hall” in the Suwon-gu, Busan.

A singing practice room business operator shall not sell or provide alcoholic beverages, and no person shall assist any third person to drink alcoholic beverages with customers, or to provide entertainment to customers by singing or dancing in a singing practice place for profit.

Nevertheless, on January 16, 2016, at around 22:30, the Defendant sold alcoholic beverages equivalent to KRW 50,000 in total, such as beer, from one room of “C Singing practice” to two customers, such as D, and two persons, including E, sold alcoholic beverages equivalent to the sum of KRW 50,000, such as beer, while allowing two persons, such as E, to drink with the said D, to provide entertainment with singing and dancing, and then, to receive KRW 30,00 per hour as entertainment expenses from the said D, thereby arranging entertainment for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of the police against the accused, E, or F;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (4), 22 (2) of the Act on the Promotion of Music Industry (the point of arranging entertainment for the purpose of the Decree and the selection of fines), Articles 34 (3) 2 and 22 (1) 3 (the point of selling alcoholic beverages and the selection of fines) of the Music Industry Promotion Act concerning 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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