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(영문) 인천지방법원 부천지원 2017.03.30 2017고단395

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who actually operates “Creing practice place” in Socheon-si B. On February 12, 2017, the Defendant sold and provided CAS 24 cans to customers who are alcoholic beverages, around 14:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Sing practice place business registration certificate (list 5);

1. Application of photograph (List 4) Acts and subordinate statutes;

1. Imprisonment with prison labor, under Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act and Article 34 of the same Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection, the community service order under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order, the favorable circumstances (a confession, reflectivity), and unfavorable circumstances (in spite of the absence of the same and six times of probation, including one time of probation) of the defendant for the reason of sentencing, are very bad to commit the instant crime, and the risk of recidivism is very high;

In order to prevent recidivism of crimes of the same or similar kind, a thorough management and control of the defendant's singing practice room business is deemed necessary) and other sentencing factors specified in this case, including the defendant's age, sex, living environment, and circumstances after the crime, shall be determined as ordered by taking into consideration together all such sentencing factors specified in this case.