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(영문) 서울동부지방법원 2016.07.05 2016고정17
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall on the Songpa-gu Seoul Metropolitan Government Branch with the trade name "Ding practice hall".

A sing practice room business operator shall not sell or provide alcoholic beverages, and shall not employ or arrange any entertainment service (no matter whether on grounds of gender) nor act as a broker.

1. At around 02:00 on October 10, 2015, the Defendant sold cans to two customers E, etc. at the above D Sing practice room five rooms.

2. The Defendant received the demand from the above D Sing practice room 5 above at the above D Sing practice room, etc., and had two female women under the name of the contact applicant receive KRW 30,000 per hour and have them drink with music and have them talk with music.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes regarding registration certificates of business of singing practice in the police interrogation protocol to the accused in the protocol of prosecutor's statement regarding witness E in the court statement of witness E;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34 (3) 2, 22 (1) 3 (the occupation of liquor sales and the selection of fines), and Articles 34 (2) and 22 (1) 4 (the Music Industry Promotion Act (the occupation of referral of loans and the selection of fines) concerning facts constituting an offense;

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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