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(영문) 춘천지방법원 강릉지원 2013.05.15 2013고정41
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is running a Yung-si King practice room business.

1. Even if a singing practice room business operator is prohibited from offering and selling alcoholic beverages, the Defendant sold two cans to customers C at the said singing practice room around November 2, 2012.

2. Any person, for the purpose of profit-making, shall not drink with customers, provide entertainment services to customers by singing or dancing, or arrange any other person to provide entertainment services. However, the Defendant received KRW 25,00 from C, who is a customer, at the time and place specified in paragraph (1), and arranged D to provide entertainment services along with customers, or arrange D to provide entertainment services by singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes in writing C;

1. Article 34 (3) 2 of the relevant Act and Article 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages and the choice of fines), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of adding up the maximum amount of two crimes)

1. Articles 70 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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