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(영문) 대전지방법원 2017.07.14 2017고정305
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 operates the "Dreing practice hall" in 203 in Sejong Special Self-Governing City C buildings.

1. No music practice room business operator under the Music Industry Promotion Act shall sell or provide alcoholic beverages;

Nevertheless,

A. On June 25, 2016, at around 23:03, the Defendant sold cans (a cans, 355ml) to two customers, 6 cans (a cans, 35ml), 1 bottles, and 170,000 won to two customers.

B. On June 29, 2016, around 20:20 on June 29, 2016, the Defendant sold cans to customers E (a can cans, 355ml) and 100,000 won (a cans, 35ml).

2. A singing practice room business operator under the Music Industry Promotion Act shall not employ a loan for entertainment, arrange for a loan, or arrange for a customer;

Nevertheless,

A. The defendant's person

1. (a) At the same time and place as referred to in paragraph (1), two infinite women were arranged to provide entertainment to customers by dancing with two customers by drinking alcoholic beverages together with them.

B. The defendant-appellant

1. (b) At the same time and place as referred to in paragraph (b), the author arranged the customers to engage in entertainment by dancing while drinking together with the customers E.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each written petition;

1. Application of Acts and subordinate statutes for internal investigation reports (investigation into these images);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)2 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Articles 34(2) and 22(1)4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and the selection of fines for each crime;

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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