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(영문) 의정부지방법원 고양지원 2014.01.24 2013고단2248

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of KRW 3 million on September 26, 2013 for a violation of the Music Industry Promotion Act in the Goyang Branch of the Jung-gu District Court on September 26, 2013 and was sentenced to a fine of KRW 10,000 and more

【Criminal Facts】

The Defendant is a person who operates a singing practice room with a trade name called “D” in Pakistan.

Any karaoke machine business operator shall be prohibited from mediating a vaccination loan, and shall also sell or provide alcoholic beverages.

Nevertheless, at around 00:00 on November 30, 2013, the Defendant: (a) provided 20,000 won per hour at the doping of the instant singing practice room by allowing a customer to provide entertainment services, such as drinking alcoholic beverages, singing or dancing, on condition that the Defendant received 20,000 won per hour from E, and provided E and F with three cans per alcoholic beverage to receive 3,000 won per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. E statements;

1. Application of business registration certificate, on-site photograph Acts and subordinate statutes;

1. Relevant Articles 34(2), 22(1)4 (a) and 34(3)2, and 22(1)3 (a) of the Music Industry Promotion Act concerning criminal facts of this case, consideration of the fact that the defendant committed the crime of this case even though he/she had been punished by a fine for the same kind of crime more than 10 times, and each of the imprisonment options (the fact that the defendant committed the crime of this case when he/she committed the crime of this case);

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

1. It is so decided as per Disposition by the assent of all participating Justices on the grounds of Article 62(1) of the Criminal Act (the overall circumstances indicated in the record, such as the fact that the defendant led to the confession of the crime, the fact that the defendant has no criminal record other than the fine, the circumstances leading to the crime of this case, and the fact that he is going to dispose of singing