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(영문) 대구지방법원 서부지원 2013.03.15 2012고정1875
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 Daegu Seo-gu B Kinging practice room.

1. Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage;

Nevertheless, around 20:47 September 25, 2012, the Defendant provided customers C with beer and sold alcoholic beverages.

2. No karaoke machine business operator shall employ or arrange a entertainment loan (no matter whether any male or female), or engage in entertainment;

Nevertheless, the defendant received a request from C to receive the helper, at the same time and place as Paragraph 1, and arranged D to provide entertainment to customers by dancing while drinking with customers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of C’s Acts and subordinate statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (sale of Alcoholic Beverages), and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (retailing loans), and selection of fines for negligence;

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;

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

1. proviso to Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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