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(영문) 의정부지방법원 고양지원 2017.01.25 2016고정1169
음악산업진흥에관한법률위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Music Industry Promotion Act (or loan brokerage) operates a singing practice hall in the name of “Creing practice hall” on the first floor of the Seongdong-gu, Soyang-gu, Youngyang-gu, B, which is an “Creing practice hall”.

No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services, for profit.

Nevertheless, at around 23:05 on May 19, 2016, Defendant A arranged to provide entertainment services to customers by dancing while drinking alcoholic beverages with D and E upon request by D and E.

2. No person who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages at a singing practice place;

Nevertheless, Defendant A received and sold 2 cans per cans to customers E at the same time and place as above. Defendant A sold 3,000 won per cans.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Application of Acts and subordinate statutes to each investigation report ( telephone communications for each witness);

1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 2, and Article 22 (1) 3 (Selection of Punishment) of the Act on the Promotion of Music Industry and Selection of Punishment for Criminal Facts;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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