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(영문) 서울동부지방법원 2016.05.13 2016고정668
음악산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is an operator of the 'D' singing practice hall on the first floor of Songpa-gu C, Songpa-gu, Seoul, and Defendant B is the actual owner of the above singing practice hall.

1. Defendant A

(a) Any person who desires to run a singing practice place business shall be equipped with the facilities for singing practice as prescribed by the relevant Acts and subordinate statutes and shall register with the competent authorities;

Nevertheless, on December 10, 2015, the Defendant, without being registered with the competent authority on December 10, 2015, operated a singing practice room business with 30,000 won per hour against many and unspecified persons by installing a video reflectr, etc. in seven rooms and their rooms.

(b) No singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, the defendant sold four cans to customers with no name in the date and place of entry in the family, and four cans.

2. Defendant B, an employee of the Defendant, did not register the Defendant’s business with the competent authorities as above, and operated a singing practice room business and sold alcoholic beverages.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34(3)1 of the Music Industry Promotion Act, Article 18(1)2 of the same Act, Article 34(3)3 of the Music Industry Promotion Act, Article 22(1)3 (a) of the same Act, and Article 22(2)3 of the same Act, Defendant B who has selected a fine: Articles 35, 34(3)1, and 18(1) (a) of the Music Industry Promotion Act, Articles 35, 34(3)1, and 18(2) of the same Act, Articles 35, 34(3)2, and 22(1)3 (a) of the same Act, and each fine shall be imposed;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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