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(영문) 서울남부지방법원 2016.06.08 2016고정685
음악산업진흥에관한법률위반
Text

Defendant

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

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who operates a singing practice hall in Geumcheon-gu Seoul Metropolitan Government with the trade name "D Sing practice hall", and Defendant A is an employee of the above singing practice hall.

1. Defendant A

A. Although a singing practice hall business operator is required to ensure that juveniles do not have access to a place of business in addition to the hours for admitting juveniles as prescribed by the Presidential Decree, the Defendant allowed the Defendant to have access to the place of singing practice including E ( South, 17 years old) around August 29, 2015.

B. Although a singing practice room business operator was prohibited from selling or offering alcoholic beverages, the Defendant received 6,000 won from customers F in the above singing practice room 9 around August 29, 2015, and sold two cans with two cans with 6,000 won from customers without his/her name in the singing practice room 1 room, and sold two cans with 3,00 won from customers with 3,000 won from his/her name in the singing practice room 6 room.

2. From August 29, 2015, around 02:00 on August 29, 2015, Defendant A, an employee of Defendant B, sold five cans to customers F, etc., as prescribed in the foregoing paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocols concerning the interrogation of suspects of E and protocol concerning G;

1. Application of the Acts and subordinate statutes related to the photographs of DNA singing practice rooms, the details of use of cards from reference persons G mobile phone photographs, use card photographs, and the registration certificate of DNA singing practice rooms;

1. Article 34(3)2 of the Music Industry Promotion Act and Article 22(1)2 of the same Act (referring to access by juveniles outside the hours for admitting juveniles), Article 34(3)2 of the Music Industry Promotion Act and Article 22(1)3 of the same Act (referring to sales of alcoholic beverages), Defendant B who has selected each fine: Articles 35, 34(3)2 and 22(1)3 of the same Act, and Defendant B: Selection of a fine; Articles 35, 34(3)2 and 22(1)3 of the same Act;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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