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(영문) 수원지방법원 2018.05.17 2017고정2918
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall with the trade name of "D" in 202 of the second floor of the building in Yeongdeungpo-gu C.

1. No alcoholic beverage dealer shall sell or provide alcoholic beverages;

Nevertheless, around April 30, 2017, the Defendant sold alcoholic beverages, such as cans 1 cans, 2,000CCs, and 2 bottles, to E and one customer, who entered the studio of the above singing practice room, around 23:00.

2. No person engaged in singing practice room business shall employ any entertainment loan or arrange any other person to do so;

Nevertheless, the Defendant, at the same time, at the same place as the above “A” and at the same place, assisted by E and one other, who had access to the above singing practice room 2, to engage in entertainment for customers by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the field photographs, the card receipt photographs, and the certificate of registration in singing;

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 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), the selection of fines for negligence, Article 34 (2) and Article 22 (1) 4 (a) of the same Act;

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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