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(영문) 인천지방법원 부천지원 2017.01.26 2016고단3180

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four 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

On October 18, 2016, at around 22:20 on October 18, 2016, the Defendant sold 6 cans to customers under the name of the Defendant, who are alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. Sing practice place business registration certificate (list 3);

1. Application of photograph (List 2) 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 defendant committed the crime of this case again in 4 days after being issued a summary order due to the same kind of crime even though he was subject to seven times or more including a suspended sentence due to the crime of violation of the Criminal Act, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and Article 69 of the Act on the favorable circumstances (a confession and reflectivity) and unfavorable circumstances (including one time more than the suspended sentence due to the crime of violation of the same Act).

In addition, if the defendant does not have strict control and management of the defendant's activities in the singing practice place, it is probable that the defendant's activities constitute a second offense of the same kind.

The sentencing factors specified in this case, together with the Defendant’s age, sex, living environment, and circumstances after the commission of the crime, shall be determined as ordered by taking into account all of the sentencing factors specified in this case.