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(영문) 대구지방법원 포항지원 2017.08.23 2017고단802

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

A singing practice room business operator shall not sell or provide alcoholic beverages to customers.

Nevertheless, at around 00:10 on May 17, 2017, the Defendant: (a) found the above singing practice hall at the fourth room of the singing practice hall, which is operated by the Defendant located in Nam-gu, Nam-gu, and provided alcoholic beverages (such as cattle, etc.) upon receiving KRW 30,000 from the customers D.

Summary of Evidence

1. Statement by the defendant in court;

1. Business registration certificate or singing practice place business registration certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (referring to statements of sales made by reference D);

1. The grounds for sentencing under Article 34(3)2 and Article 22(1)3 of the Music Industry Promotion Act on criminal facts and Article 34(1)2 of the same Act on the selection of punishment (the choice of imprisonment) include the value of alcoholic beverages sold by the defendant, which are small amount of money and reflects his mistake. However, the defendant has seven criminal records of the same kind, and it is inevitable to sentence the defendant again to commit the instant crime during the period of suspension of execution due to the same criminal record.

Accordingly, the defendant's age, sex, environment, motive, means and consequence of the crime, and various sentencing conditions such as the circumstances after the crime are determined as the sentence.