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(영문) 대전지방법원 홍성지원 2016.06.30 2016고정96
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.

The defendant is a person who operates a singing practice hall in Hongsung-gun B.

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

Nevertheless, on December 15, 2015, the Defendant: (a) had a customer D who had been engaged in the instant singing practice room around 21:52, and had the customer D, who had the said C Sing practice, talked with the said customer, and arranged to provide entertainment to the customer by dancing while drinking together with the said customer.

2. A singing practice room business operator shall not sell or provide alcoholic beverages within his/her establishment;

Nevertheless, the defendant received 10,000 won from the above customers at the above date, time, and place, and sold 3 cans per cans.

Summary of Evidence

1. Statement by the defendant in court;

1. A written report and a written statement of DNA preparation;

1. Written accusation of the number of red-gun;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and (2), 34(3)2 and 22(1)3 (a) of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts, and the Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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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