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(영문) 부산지방법원 동부지원 2013.09.02 2013고정764
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room with the trade name of "Cing practice room" in Busan Suwon-gu B.

1. Any karaoke machine business operator who has violated the Music Industry Promotion Act shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, at around 23:40 on October 16, 2012, the Defendant sold to the male descendants in the name of the above singing practice room, 5 bottles, 1 bottles, etc. who were alcoholic beverages.

2. No person who violates the Music Industry Promotion Act shall drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or aid or arrange other persons to provide such acts, with the intention of making profits;

Nevertheless, when the defendant drinks with the above male customers by drinking, singing, and F (a disposition of suspension of indictment on the same day) in company with the above male customers, or by singing or dancing, the defendant allowed D, etc. to allow the above male customers to provide entertainment services, thereby facilitating the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. The application of investigation report (in 9 pages of investigation record), control establishment photographic Acts and subordinate statutes;

1. Articles 34 (3) and 22 (1) 3 (the point of sale of alcoholic beverages), 34 (4) and 22 (2) of the Music Industry Promotion Act, Article 32 (1) of the Criminal Act, the selection of fines for negligence under Articles 34 (3) and 22 (2) of the same Act, Article 32 (1) of the Criminal Act, and the selection of fines;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Of 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 the detention of a workhouse;

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