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(영문) 대전지방법원 2017.07.14 2017고정351
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 "Dreing practice place" in the Seoul Special Self-Governing City C Building 401,402.

A singing practice room business operator shall not sell or provide alcoholic beverages, and no person shall drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing in a singing practice place for profit, or arrange other persons to provide such an act.

Nevertheless, on June 29, 2016, at around 20:49, the Defendant sold cans (Kauses, 355ml) to E, customers, 110,000 won in total, including five cans (Kauses, 35ml) and fruits, and assisted F (Gam F) to drink with the above E, or to provide entertainment to customers by singing or dancing.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A written petition;

1. Application of Acts and subordinate statutes to internal reports (an investigation into video images in a singing practice place);

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

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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