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(영문) 서울남부지방법원 2020.04.24 2020고정470
음악산업진흥에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner of a business that operates a "D King practice room" in Guro-gu Seoul and underground, and Defendant B is the employee of the above King practice room.

No person may, with the intention of profit-making, arrange the entertainment of customers by drinking alcoholic beverages together with customers, singing, or singing, sell or provide alcoholic beverages in collusion with the Defendant A and the Defendant B, despite the fact that he/she is not allowed to do so,

1. On December 20, 2019, the Defendants violated the obligations of the karaoke machine business operators by selling four cans to E (age 55) to customers, etc. in the said D Kinging machine 2 room on December 20, 2019, and selling them to 16,000 won.

2. The Defendants violated the rules of practice of the karaoke machine business operator by allowing the said customer to engage in an entertainment with the said customer or to engage in an entertainment with singing singing singing singing singing singing, 55 years old, G (n, 49 years old) by receiving KRW 35,00 per hour upon the request of the said customer E at the same time and place as the preceding paragraph, and by allowing the said customer to engage in entertainment with singing or dancing.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning F and G;

1. Each statement of H and E;

1. Reporting on detection;

1. Application of statutes on site photographs;

1. The Defendants: pertinent Article on criminal facts and the choice of punishment for the Defendants: Articles 34(2) and 22(1)4 of the Music Industry Promotion Act; Article 30 of the Criminal Act; Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act; Article 34(3)3 of the Criminal Act; Article 30 of the Criminal Act; the choice of fines;

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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