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(영문) 서울남부지방법원 2020.10.30 2020고정1846
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who has sold alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage by a singing practice room business operator;

Nevertheless, around 22:50 on July 18, 2020, the Defendant sold to customers such as D and other customers 26 canals and nine diseases in a singing practice room in the name of “C” operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government.

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 a profit;

Nevertheless, around 22:50 on July 18, 2020, the Defendant received money from the said singing practice room from the said customers such as D, and assisted the said customers to drink with E, F, G, H, I, and I, by singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, G, H, J, and I;

1. Application of statutes on site photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning criminal facts, the choice of fines for negligence, and the selection of fines for negligence;

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

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

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

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