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(영문) 인천지방법원 부천지원 2016.02.02 2015고단3327

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall with the trade name called the singing practice hall on the first floor of the Ocheon-gu B.

No singing practice room business operator shall sell or offer any alcoholic beverage.

Nevertheless, around October 28, 2015, the Defendant sold 17 cans to D and three other customers, who are customers of the above singing practice room, in total, 51,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs of crimes;

1. Application of Acts and subordinate statutes to the registration certificate of singing practice place business;

1. Relevant Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that even though the defendant had been sentenced to a fine for the same kind of crime, he/she again committed the crime of this case, it is necessary to severely punish him/her, and that he/she will not repeat again after the crime of this case.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the closure of a singing practice hall operated while running; and (b) the Defendant’s age, sex, family environment, motive and circumstance of the crime; (c) the means and consequence of the crime; and (d) the sentencing conditions as shown in the arguments after the crime was committed