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(영문) 창원지방법원 진주지원 2014.07.11 2014고단42

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 42] The Defendant is a person who operates a CY business in Jinju City B.

On December 1, 2013, the Defendant sold 40,000 won of the market price to five customers, such as D, who entered a singing practice room at around 22:05 on December 1, 2013.

[2014 Highest 597] The Defendant is a person who operates a CY business in Jinju City E.

Any person who engages in a singing practice room business shall not sell or provide any alcoholic beverage in any singing practice room business, and shall not arrange any guest to provide amusement to customers by drinking alcoholic beverage together with them, singing or dancing.

Nevertheless, at around 00:40 on March 5, 2014, the Defendant sold and provided 20,000 won alcoholic beverages to 20,000 won per hour, such as soft cans, 20,000 alcoholic beverages to 30,000 alcoholic beverages to 30,000 alcoholic beverages, including 20,000 cans, and 1,00 male descendants, and assisted them to provide entertainment by following alcohol or singing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of H and G:

1. Each statement of I, D, and F;

1. A report on the control of a business place;

1. Each photograph;

1. Application of statutes on business registration certificates;

1. Article 34 (3) 2, Article 22 (1) 3 (Article 22 (1) of the Music Industry Promotion Act (Article 34 (3) 2, Article 22 (1) 3) of the same Act concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (Article 22 (1) 4 of the Music Industry Promotion Act (Article 34 (3) of the same Act

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Music Industry Promotion Act due to the arrangement of heavy concurrent crimes);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.