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(영문) 대구지방법원 서부지원 2014.04.25 2014고정19
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Although Defendant A was prohibited from drinking alcohol with a man in a singing practice room for profit, or having a guest provide entertainment by singing or dancing with a man, Defendant A provided a man with a man in a singing practice room at “D” room located in Daegu-gu, Daegu-gu, on September 6, 2013, to receive KRW 30,00 per hour from three male customers, including E, and provided a man with a drink, singing, or dance with the said guest.

2. Although Defendant B’s karaoke machine business operator was prohibited from selling, offering, or arranging a service of alcoholic beverages, the Defendant, at around 23:00 on September 6, 2013, sold to three customers, such as E, in a singing practice room run by the Defendant in Daegu-gu, Seo-gu, Daegu-gu, and let three female entertainment loans, such as F and A, drink with the said customers to drink by drinking alcohol together with the said customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. The first police suspect interrogation protocol against F;

1. Statement to E by the police;

1. A document certifying the preparation of the F;

1. Registration certificate of singing practice room business;

1. Photographs within 5 units taken at the time of crackdown;

1. Application of Acts and subordinate statutes to a report on controlling amusement businesses;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 34(4) and 22(2) of the Music Industry Promotion Act;

(b) Defendant B: Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act; Article 34(3)2 and Article 22(1)3 (a) of the Music Industry Promotion Act (or each fine for negligence)

1. Defendant B among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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