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(영문) 청주지방법원 2016.12.08 2016고단1152
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 operates a singing practice room with the trade name of “C” in Heung-gu Seoul Metropolitan Government B.

No karaoke machine business operator shall sell or provide alcoholic beverages, or hire or arrange a loan for entertainment.

Nevertheless, on March 11, 2016, the Defendant: (a) around 21:00, at the above singing practice room, the Defendant had five persons with no personal contact loan; (b) provided five customers with five customers, including customers D, to provide entertainment services; and (c) sold 20 canss to five customers, including D, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A control report on public morals and business place, a report on internal investigation (an investigation by reported D phone number), and an investigation report (report on D currency of a reference witness);

1. Application of Acts and subordinate statutes to field photographs, certificates of registration of singing practice rooms, and detailed statements of 112 reported cases;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of the provisional payment order under Article 334(1) of the Criminal Procedure Act is to be determined in full view of all the circumstances such as the defendant's age, character and conduct, environment, circumstances leading to the crime and circumstances after the crime, etc., and reflects the following circumstances:

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