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(영문) 서울서부지방법원 2017.06.15 2017고정305
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who desires to run a singing practice place business shall be equipped with facilities for singing practice and shall register with the competent authorities;

Nevertheless, the Defendant did not register with the competent authority, from August 19, 2016 to October 31, 2016, operated a singing practice room with the trade name of Eunpyeong-gu Seoul, “C” and with the equipment, such as video or non-cinematographic reflectrs, which enable an unspecified customer to sing in line with the musical instruments without having any musical instruments in the studio 5 in the trade name of “C” from around 19, 2016 to October 31, 2016, and operated a singing practice room with an amount of 20,000 won per hour against an unspecified customer.

2. No singing practice room business operator shall sell or offer alcoholic beverages;

Nevertheless, at around 22:10 on October 31, 2016, the Defendant sold the can cans to D, which had been found as customers in the singing practice place under the above Paragraph 1, to be sold to D in an amount equivalent to KRW 4,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on detection of food sanitation laws and the application of Acts and subordinate statutes of control field photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Article 34(3)1, Article 18(1) (a) of the Act on the Promotion of Music Industry (a place business without registration) for criminal facts, Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (a place where alcoholic beverages are offered) for each fine;

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. There are circumstances favorable to the defendant in the sentencing of Article 334(1) of the Criminal Procedure Act, such as the fact that the defendant recognized each of the crimes of this case and is against the law.

The defendant had a record of being sentenced to a fine of KRW 1,50,000 on August 18, 2016 (Seoul Western District Court 2016, 746, hereinafter referred to as Seoul Western District Court 201, hereinafter referred to as the "Seoul Western District Court") due to unfavorable circumstances against the defendant, since he did not register with the competent authority and operated the above singing practice hall from February 19, 2016 to March 2, 2016, and sold and supplied alcoholic beverages to customers on two occasions.

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