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(영문) 전주지방법원 군산지원 2015.07.22 2014고정522
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with a mutual name called “D” located in the military city in Busan.

1. Any karaoke machine business operator who provides alcoholic beverages shall be prohibited from providing alcoholic beverages within his/her place of business;

Nevertheless, around 00:40 on April 19, 2014, the Defendant provided three guests, including E, who had been customers in the above D-6 room operated by the Defendant, with 2 beer(60 illness).

2. No person who operates a singing practice room business for arranging a loan for entertainment shall employ a loan for entertainment, arrange a loan for entertainment, or engage in entertainment;

Nevertheless, the Defendant violated the code of practice as a karaoke machine business operator by drinking alcoholic beverages together with three customers, such as E, who have been employed by three female helpers in the place mentioned in paragraph (1) on the date, time, and place.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E and F’s legal statement;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of providing alcoholic beverages), 34 (2), and 22 (1) 4 (the point of arranging adjacent loans) of the Music Industry Promotion Act, and selection of fines for negligence;

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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