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(영문) 창원지방법원 2019.10.02 2019고단2111

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any karaoke machine business operator shall be prohibited from selling or offering any alcoholic beverage.

At around 19:30 on June 19, 2019, the Defendant provided 3 Macju 1 disease and 1 Male-si 1 disease and Maga-si 1 disease to the branchr located in VIP room at the 'C K-si 1st underground of the Kimhae-si, Kim Jong-si, and sold 100 million won and 10 Macju 10 and 10 Macju 1.

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation reports (business types, etc.);

1. Application of statutes on business registration certificates;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and the Selection of Punishment for Facts constituting an offense, and Articles 22 (1) 3 of the same Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined as follows: (a) comprehensively taking into account all the sentencing conditions, including the circumstances leading to the instant crime, the Defendant’s age, character and conduct, and the circumstances after the crime.

An unfavorable circumstance: A normal circumstance that has the record of punishment six times for the same crime: The defendant confessions and reflects, and there is no record of punishment exceeding the fine.