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(영문) 수원지방법원 2016.10.13 2016고정1755
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operates a singing practice room with a trade name called “D” from the first floor of C underground in the period of harmony.

Any karaoke machine business operator shall be prohibited from employing or arranging a entertainment loan at his/her place of business, or selling or providing alcoholic beverages.

Nevertheless, around 01:00 on April 23, 2016, the Defendant provided three cans cans (4,000 won per unit) to customers in the instant singing practice room.

As a result, the Defendant violated the code of practice of karaoke machine business operators.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Articles 22 (1) 3 and 22 (1) 3 of the same Act concerning criminal facts and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant was punished for the same kind of crime in the past; and (b) the Defendant again committed the instant crime because of the fact that he was punished for the same kind of crime before the instant crime; (c) the Defendant is admitted to commit the instant crime; and (d) the fact that the Defendant appears to have provided cans to the university students who had been committed with the offender without receiving money; and (d) the Defendant appears to have provided the cans

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