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(영문) 인천지방법원 2018.07.13 2018고정1328
폭행등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 hall.

1. No music practice room business operator who has violated the Music Industry Promotion Act by arranging a loan for entertainment shall employ or arrange a loan for entertainment;

Nevertheless, at around 20:00 on March 11, 2018, the Defendant arranged for a entertainment loan by allowing four persons, such as customers E, customers F, G customers, and entertainment, to pay 560,000 won to four persons, who are not aware of the name, upon receiving a demand to request to provide a entertainment loan from four persons, such as customers E, customers F, customers G, and entertainment. The Defendant arranged for a entertainment loan by allowing the said persons to drink with customers by drinking alcohol, singing or dancing.

2. No music practice room business operator who violates the Music Industry Promotion Act through the sale of alcoholic beverages shall sell or offer any alcoholic beverage;

Nevertheless, the Defendant sold 20 cans to four customers E, such as the above customer E at the place of the foregoing paragraph 1, and 406,000 won, such as cans, 20 cans, 3 bottles, drinking water, and so on.

Accordingly, the Defendant violated the code of practice of singing practice providers.

3. The Defendant: (a) around 01:15 on March 11, 2018, the Defendant: (b) received an amount equivalent to KRW 466,00 from the customer F as stated in the foregoing paragraph (1) under the pretext of the offer of good offices, good offices, singing rooms, etc.; and (c) requested the victim E to receive KRW 900,000; (d) the Defendant demanded the receipt from the Defendant and reported it to the police.

The term "" refers to the following.

Accordingly, the Defendant committed assault against the victim by dumping the victim’s arms in his hand while intending to “fump fump, fump,” fump fump,” on the victim’s attitude as above.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. E statements;

1. A damaged photograph;

1. Receipts:

1. 112 Application of Acts and subordinate statutes on reported details;

1. Article 34(2) and Article 22(1) of the Music Industry Promotion Act on criminal facts and the Selection of Punishment.

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