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(영문) 서울동부지방법원 2019.02.12 2018고정1287
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “C King practice room” in Gangdong-gu Seoul Metropolitan Government.

1. No karaoke machine business operator who sells alcoholic beverages shall sell or provide any alcoholic beverage;

Nevertheless, around 22:00 on October 1, 2018, the Defendant sold two cans to customers D in the above singing practice room.

2. No one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, for the purpose of making profits;

Nevertheless, the Defendant received the demand from the above D to receive the helper, at the same time and time as Paragraph 1, and assisted the E to provide entertainment services with singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of statutes governing field photographs and registration certificates of singing practice room business;

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

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

1. In light of the sentencing conditions indicated in the instant trial, such as the fact that the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are several times having a record of being subject to criminal punishment for the same offense, sales of alcoholic beverages, the degree of punishment in the same case, etc., the amount of fine prescribed in the summary order does not seem to be excessive.

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