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(영문) 대전지방법원 천안지원 2019.03.26 2019고정48
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two 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 singing practice room with the trade name of “Cing practice room” on the 2nd floor of the Seodaemun-gu Seoul Metropolitan Government B building.

No karaoke machine business operator shall employ or arrange a entertainment loan, or sell alcoholic beverages.

Nevertheless, at around 21:30 on October 8, 2018, the Defendant: (a) received a demand from N and one other, that the male grandchildren who found the above singing practice room will receive 35,000 won per hour, and (b) received 35,000 won per hour, and (c) had two women who were infinites will be engaged in entertainment with customers, and (d) had two women who were infinites will be engaged in entertainment with customers, and (e) sold 6 can cans, which are alcoholic beverages, to 24,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (a point of adjacent loan brokerage), Article 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of alcoholic beverage sales), 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. The defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are recognizing and opposing his mistake.

However, the Defendant violated the law by arranging a contact loan and selling alcoholic beverages, despite the fact that the Defendant was subject to criminal punishment on the grounds of the same crime.

In addition, in full view of various circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, background of the crime, and circumstances after the crime, the amount of fine prescribed in the summary order is not excessive.

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