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(영문) 청주지방법원 영동지원 2020.05.21 2020고단18

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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

The defendant is a person who actually runs a singing practice room with a trade name called C in Chungcheong-dong B.

In spite of the fact that a singing practice room business operator was prohibited from selling or supplying alcoholic beverages, the Defendant sold alcoholic beverages equivalent to KRW 20,000,000, such as three cans cans cans cans to customers D, and two bottles to customers D, etc. on January 23, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes to a copy of a field photograph or a singing practice room business registration certificate;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Articles 22 (1) 3 and 22 (1) 3 of the same Act concerning criminal facts and the choice of imprisonment;

1. Although the Defendant had been punished by a fine for violating the Music Industry Promotion Act by selling alcoholic beverages in a singing practice room on two occasions, the Defendant again committed the instant crime of selling alcoholic beverages in a singing practice room.

Although the Defendant asserts to the effect that the Defendant’s fluent character was a guest who demanded the sale of alcoholic beverages and reported to the police, it cannot be said that the Defendant’s responsibility for operating his business in a manner prohibited by law is unfluent.

However, the defendant shows his attitude to recognize and reflect the crime of this case.

There is no history of punishment exceeding a fine for a defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime are considered, and the punishment is determined as per the disposition.