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(영문) 대전지방법원 2017.07.14 2017고정350
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 is a person who operates "D Singing practice hall" in the 402, 403 building C in the Special Self-Governing City of Sejong.

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

Nevertheless, at around 00:38 on July 8, 2016, the Defendant received and sold cans (a cans, 355ml) to E, customers, including five cans (a cans, 35ml) and an over-weak (a10,000 won).

2. No singing practice room business operator shall employ or arrange a loan for entertainment;

Nevertheless, the Defendant assisted the said 1. Date and place as indicated in the above paragraph (1. F) to provide entertainment to the customers with dancing while drinking together with the above E.

3. Neither sing practice room business operator shall allow juveniles to enter the area other than the hours for admitting juveniles (from 9 A.M. to 10 P.M.) prescribed by Presidential Decree;

Nevertheless, on August 17, 2016, the Defendant received 25,000 won from 3 juvenile G(s) in the above singing practice room around 23:20 on August 17, 2016 to 25,000 won and entered as customers, thereby violating the rules of practice.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Legal statement of witness E;

1. A written petition;

1. On-site reports (an investigation into video images in a singing practice hall);

1. Application of Acts and subordinate statutes to a report on investigation (verification of telephone from a witness);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)2 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, Article 34(3)2 and Article 22(1)2 of the Music Industry Promotion Act, and Article 22(1)2 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), each 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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