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(영문) 수원지방법원 성남지원 2016.09.08 2016고정901
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. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, around 20:45 on March 12, 2016, the Defendant sold two cans ( alcohol concentration 4.5%) equivalent to KRW 10,000 in total to customers D in the building of subdivision-gu in the Sungnam-si of Gyeonggi-si, the Defendant operated, and the singing practice room operated by the Defendant.

2. No one shall, for the purpose of profit-making, drink any alcoholic beverage with a customer, provide entertainment to any customer by singing or dancing, or arrange any other person to provide such service;

Nevertheless, when the defendant requested customer D to receive KRW 30,00 per hour at the time and place specified in Paragraph 1, the defendant introduced the above D, etc., and arranged E to provide entertainment services.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to deliver civil petition documents and accompanying documents;

1. Article 34 (3) 2, Article 22 (1) 3, and Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning facts constituting an offense;

1. Selection of each selective fine for punishment (Consideration of control circumstances);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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