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(영문) 서울남부지방법원 2016.10.19 2016고정1734
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a Gangseo-gu Seoul Metropolitan Government building B and a 'Cking practice room' in the second floor.

1. No karaoke machine business operator shall sell or provide alcoholic beverages to customers;

Nevertheless, around 03:00 on October 11, 2015, the Defendant violated the obligations of a karaoke machine business operator by selling a total of KRW 27 sick amount of KRW 4,000 per cans per cans to two customers D, etc. in the above “C karaoke machine”.

2. No karaoke machine business operator shall engage in any act of arranging workers engaged in entertainment business;

Nevertheless, the Defendant violated the rules of practice by allowing two workers engaged in entertainment to provide entertainment services by dancing and singing to two customers at the same time and place as the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. A statement of detection;

1. Certificate of registration of singing practice room business;

1. Application of Acts and subordinate statutes on site photographs

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (a) and 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act concerning facts constituting an offense, the choice of fines for negligence, and the 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 (1) 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;

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