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(영문) 서울남부지방법원 2015.07.13 2015고정1151
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice room business without registration shall have facilities for singing practice room business in accordance with the relevant provisions and register such business with the competent Gu office;

Nevertheless, around 21:00 on February 4, 2015, the Defendant, at the Guro-gu Seoul Metropolitan Government Branch, installed a video reflectr device, etc. and run a singing practice room business against many and unspecified persons, with the name of “C” without being registered with the competent Guro-gu Office.

2. Violation of obligations of a karaoke machine business operator.

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

Nevertheless, the defendant, at the time and place stated in Paragraph 1, provided two male grandchildren with two written requests, and arranged them to provide entertainment services by singing or dancing while drinking alcohol together with the male grandchildren.

(b) No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, the defendant provided 2 male descendants in the name of the defendant at the date and place mentioned in Paragraph 1, and provided 4 can cans.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 34 (3) 1, Article 18 (1) (a) of the Music Industry Promotion Act, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act, Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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