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(영문) 인천지방법원 2013.07.16 2013고단700
음악산업진흥에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is the operator of a singing practice room with the third floor of the Seo-gu Incheon Metropolitan Building.

No one who runs a singing practice room may sell or provide any alcoholic beverage at a singing practice room.

Nevertheless, at around 23:00 on November 7, 2012, the Defendant sold three cans to I who is a customer at the above H K K K K K-sing room three rooms.

(b) Any person shall be prohibited from employing, arranging, or arranging any other person to provide a loan to a karaoke machine business operator, including a so-called gambling room.

Nevertheless, the defendant above A.

When I, at the same time and place as the same as the paragraph, requested to do so, I arranged a loan by allowing B to engage in entertainment by singing singing with I as a customer.

2. No one shall drink alcoholic beverages with customers, singing or dance in a singing practice room for profit;

Nevertheless, the above 1-A.

At the same date, at the same time and place as the above 1. The defendant received 20,000 won per hour from the defendant under the above 1. The defendant provided a customer with I together with I for a commercial purpose.

Summary of Evidence

1. Application of each law on witness J and I's respective legal statements;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act; Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act (a point of providing for sale of alcoholic beverages); and the choice of fines for negligence;

B. Defendant B: Articles 34(4) and 22(2) of the Music Industry Promotion Act; selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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