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(영문) 부산지방법원 2013.12.12 2013고정4952
음악산업진흥에관한법률위반등
Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

around 03:00 on April 27, 2013, Defendant A sold a beer stop (20 illness) to E and two customers, a guest, and violated the rules of practice room business operators. Defendant A sold a beer stop room (20 disease) around 186 square meters in a 3rd room of the Geumcheon-gu Busan Metropolitan Government, the first floor of the underground floor and approximately 186 square meters in size.

The Defendants of “2013 High-level 5260” have 7 facilities, such as Defendant B’s money, 7 singing machines, and 7 singing machines. Defendant A operates a singing practice room as a partnership business by running the practice of running the practice room as a partnership business at the said address, without obtaining permission from the competent authority from January 22, 2013 to May 15, 2013; and

5. On 3. 15. 15. 3rd customers F, etc., receive 13,00 won for singing, such as singing with singing machines, and offer three males who received 15,000 won for singing to 5 diseases, and provide singing with singing machines, etc. using singing machines.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A written statement of G and F;

1. Notification of the removal of business places violating each statute, report on investigation, and application of field photographs statutes;

1. Defendants of relevant legal provisions on criminal facts: Article 94 subparagraph 3 of the Food Sanitation Act and Article 37 (1) of the same Act, and Article 30 of the Criminal Act (the point of business of a danran tavern) Defendant A: Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of business of alcoholic beverage sales).

1. Selection of each alternative fine for punishment;

1. Defendant A from among concurrent crimes: the 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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