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(영문) 서울서부지방법원 2018.09.20 2018고단2614

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Criminal facts

Although a singing practice room business operator was aware of the sales and provision of alcoholic beverages to customers, the Defendant sold 4 cans to customers D and E for 16,000 won at around July 14, 2018 at the Mapo-gu Seoul Metropolitan Government and the 1st underground floor “Creing practice hall” operated by him/her.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (violation of the Food Sanitation Act) and application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions and the choice of punishment for a crime: Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 (Selection of imprisonment) of the same Act;

1. Suspension of execution: The reason for sentencing under Article 62 (1) of the Criminal Act [favorable circumstances] that the majority of the same species of power [the favorable circumstances] repents and does not repeat again, and that the scale of alcoholic beverages sold is not large;