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(영문) 청주지방법원 2016.12.16 2016고정592
음악산업진흥에관한법률위반
Text

1. The defendant shall be punished by a fine not exceeding two million won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

1. Any person who intends to operate a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of the competent Si/Gun/Gu;

Nevertheless, on December 23, 2015, from around 23, 2016 to December 22:20, 2016, the Defendant run a singing practice room business by installing a number of 7 rooms and singing machines with the trade name of approximately 40 square meters “E” from around 40,000, and providing customers with a fee of KRW 20,000 per hour from customers.

2. Any karaoke machine business operator who sells alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, at around 22:20 on December 22, 2016, the Defendant sold three cans cans to the male grandchildren whose name cannot be known in the above community, to 15,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A written statement;

1. Application of Acts and subordinate statutes of a control manual, a control photograph, and a report on business place;

1. Article 34 (3) 1, Article 18 (1), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense;

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

1. Determination as to the Defendant and the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The defendant and his/her defense counsel asserts that the defendant filed a report as prescribed by Article 2 subparagraph 8 of the Music Industry Promotion Act, and did not run a singing practice room business, and that there is no penal provision even if he/she sells alcoholic beverages to a reporter of a music record or music video production business.

2. Related.

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