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(영문) 대구지방법원 2015.10.14 2015고정2086
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 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 “C Kinging practice” in Daegu North-gu B, and the person who operates a singing practice room shall not sell or provide alcoholic beverages at his/her place of business, and shall not drink with customers, provide entertainment to customers by singing or dancing, or arrange other persons to provide entertainment services.

Nevertheless, from around 21:50 on July 16, 2015 to 22:30 on the same day, the Defendant offered alcoholic beverages, such as liquor, to D, who is a customer, in the above singing practice room, to KRW 20,00,00,000 per hour, and assisted the customer to provide entertainment by dancing while drinking alcoholic beverages with D.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. A copy of the control report on public morals business;

1. Photographs of registration certificate of singing practice room business;

1. Application of statutes on site photographs;

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), Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense (the point of arranging a contact loan and the choice of fines);

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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