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(영문) 서울북부지방법원 2017.02.15 2016고정2507
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of “Csing practice hall” on the Gangnam-gu Seoul Metropolitan Government Branch.

1. No singing practice place businessman shall sell or offer alcoholic beverages at his/her place of business;

Nevertheless, around July 23:40 on July 7, 2016, the Defendant sold cans, which are alcoholic beverages, 9 cans to 3,000 won per unit, to two male males who are customers in the above "Csing practice place" room.

2. No singing practice room business operator shall employ any entertainment loan, arrange any person to do so, or arrange any person to do so;

Nevertheless, at the time and place indicated in paragraph 1, the Defendant arranged to provide entertainment services to D and E, who are not sexual customers, with a word-based singing singing in a time, with two male customers at the demand of them, and to provide entertainment services to the said customers by singing together, dance, and encourage them to enjoy entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes to Creing field photographs;

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

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

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

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

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