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(영문) 서울동부지방법원 2017.10.30 2017고단2893

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

Although a singing practice room business operator is prohibited from selling or providing alcoholic beverages, or employing or arranging a entertainment loan, the defendant operated a singing practice hall with the trade name "Csing practice hall" in Songpa-gu Seoul, Seoul, and around August 7, 2017, the defendant sold alcoholic beverages equivalent to 20,000 won in total to one male guest in the name of the above place, including 5 Macju and 5 kn, at the above place. Upon receiving a request from the above customer, the defendant arranged a entertainment loan by having D, who is a contact customer, drink with the above customer, drink and drink with the above customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Application of statutes on site photographs;

1. Relevant legal provisions for facts constituting an offense, Articles 34(3)2, 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, and the choice of imprisonment, respectively;

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. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: A judgment is rendered as per the disposition for the reasons above all the circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., by taking into account the fact that there is no record of criminal punishment exceeding the fine, even though having been punished for the same kind of crime several times over a short term;