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(영문) 부산지방법원 2017.07.13 2017고정1027
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who operates a singing practice hall in the name of "Csing practice hall" in Busan House B.

1. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, at around 22:00 on December 16, 2016, the Defendant sold to 2 male customers with no name, 10 bottles and 1 bottles to 2 male customers with no name.

2. No music practice room business operator shall arrange a loan for entertainment;

Nevertheless, the defendant d and E received 30,000 won per hour from two male customers in the above date, time and place, and arranged for entertainment by allowing them to enjoy 30,000 won per hour with drinking together with the customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Application of a registration certificate (12 pages of investigation records) and a photographic Act and subordinate statutes;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22 (1) 4 (a) of the same Act concerning facts constituting an offense; the selection of fines;

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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