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(영문) 대전지방법원 2019.05.30 2019고정377
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with the trade name of "C Kinging practice room" in Daejeon Seo-gu B.

No karaoke machine business operator shall employ any entertainment loan or arrange any other business.

Nevertheless, between September 19, 2018 and around 23:13, the Defendant received a demand from D to request a customer who had been found to be a guest at the said business establishment, and 30,000 won per hour received from the customer, and the Defendant introduced two Does that are not known with the name, thereby enabling the customer to dance and singing together with the customer.

(b) Any karaoke machine business operator shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, the Defendant sold 5 cans, which are alcoholic beverages, to D, customers in the same place as the above Paragraph (a), at 20,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of D’s report, written statement, and credit card receipt-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Promotion of Music Industry and the Selection of Punishment for the Crime * Selection of fine for the crime * Article 34(2) and Article 22(1)4 of the Music Industry Promotion Act * Selection of a fine for the crime * Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act * Selection of a fine for the crime *

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the developments leading up to the instant crackdown and the fact that the instant crime has been committed continuously despite the past record of the same kind of criminal punishment, were considered in consideration of the sentencing conditions shown in the instant trial.

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