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(영문) 수원지방법원 안산지원 2017.02.03 2016고단4706

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four 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 in the name of “C Sing practice hall” in Sising City B.

A singing practice room business operator shall not sell or provide alcoholic beverages at a singing practice place for profit, and shall not arrange for employment of entertainment service providers.

On November 3, 2016, the Defendant: (a) received total amount of KRW 8,00 from an unspecified customer; (b) sold alcoholic beverages, such as cans, cans, 2 cans, etc.; and (c) breached the obligation of a singing practice room business operator; and (d) assisted female entertainment reception service providers to drink with the said customer, or to provide entertainment service with music or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the copies of a certificate of registration of a singing practice, singing practice course with a petition or a video closure;

1. Relevant Article of the Act on the Promotion of Music Industry, and Articles 34 (3) 2, 22 (1) 3 (a) of the Act on the Promotion of Music Industry (a sales by a singing practice room business operator), Article 34 (2), and Article 22 (1) 4 (a) of the Music Industry Promotion Act (a sales by a singing practice room business operator), and selection of imprisonment for each term;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62(1) of the Criminal Act, taking into account the fact that there are many previous offenses of the same kind of fine for sentencing;