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(영문) 부산지방법원 2014.11.13 2014고단6979
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any karaoke machine business operator who sells alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, around 00:30 on July 12, 2014, the Defendant provided 10 bottles, which are alcoholic beverages, to D and E, who had been a guest in the instant singing practice room at the “Cinging practice room” operated by the Defendant in the Geum-gu, Busan.

2. No one shall, for the purpose of making a profit, arrange any person to provide entertainment services to customers by drinking alcoholic beverages with them, singing or dancing with them;

Nevertheless, the Defendant received a demand from D, which had been a customer, to give a singing in the same date, time, place as Paragraph 1, and as a result, introduced two women who have not been able to do so to the above D, and arranged them to do an act of entertainment by making them drink and singing together.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. A report on the detection of 112 reports;

1. A copy of registration certificate of singing practice room business;

1. Photographs (for example, rooms, etc.);

1. Application of Acts and subordinate statutes to investigation reports (where a case is discovered, etc.);

1. Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act: Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act;

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no past record of the punishment heavier than the fine imposed by the accused in addition to the fine) ;

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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