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(영문) 수원지방법원 2020.07.22 2020고정588
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator, D, and E, who operates the “C” in Osan-si B and 5 stories, and a person who works for the said singing practice room in the said singing practice room.

1. No karaoke machine business operator who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages, or hire or arrange a loan for entertainment;

Nevertheless, at around 01:00 on January 8, 2020, the Defendant: (a) received a total of 24,000 won from two male customers who visited the said establishment as a guest; and (b) sold the said establishment to six male customers (4,000 won per opening).

2. No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, for profit;

Nevertheless, the Defendant, at the same time and place as referred to in the preceding paragraph, assisted the above two male grandchildren to drink with alcohols or to provide entertainment to customers by singing or dancing, on condition that he receives a request from two male grandchildren to drink 30,000 won per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Report on occurrence (Violation of the Music Industry Promotion Act);

1. Application of Acts and subordinate statutes to the business site photographs and outputs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of sale of alcoholic beverages), 34 (2), and 22 (1) 4 of the Music Industry Promotion Act, and 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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