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(영문) 인천지방법원 2013.11.15 2013고정3429
음악산업진흥에관한법률위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with six-school singing machines with the trade name of "C singing practice room" in the area of 163.38 square meters in Nam-gu Incheon Metropolitan City B and 163.38 square meters, and operates a singing practice room with six-school singing machines.

1. Any karaoke machine business operator shall be prohibited from employing, arranging a loan for entertainment, or engaging in entertainment activities;

Nevertheless, at around 20:20 on April 29, 2013, the Defendant called to E who operates the news room upon receiving a request from three male visitors, such as D, which had been a guest in the said C K Kinging 3 special room, and let three women-dozers F, etc. enter into dancing and singing, and assisted the customer to provide entertainment services.

2. No person who runs a singing practice room business shall sell or provide any alcoholic beverage at his/her place of business;

Nevertheless, around April 29, 2013, the Defendant sold 15,000 won by receiving 5,00 won from three male workers, such as D, which had been a guest in the above C K Kinging 3 specialty room.

Accordingly, the Defendant violated the rules of practice for singing practice room business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G, F, and E;

1. Application of Acts and subordinate statutes governing singing and alcoholic beverages;

1. Article 34 (4) and Article 22 (2) of the Music Industry Promotion Act (the point of arranging entertainment activities), Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages), the selection of a fine for each crime;

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

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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