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(영문) 전주지방법원 군산지원 2017.12.13 2017고단1123

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice place business shall be equipped with facilities for singing practice and register with the head of the competent Si/Gun/Gu;

Nevertheless, on July 26, 2017, the Defendant, without registering, operated a singing practice room business between October 2013 and July 26, 2017, by “Csing practice place” operated by the Defendant on the first basement B and underground level, and operated against customers D. < Amended by Presidential Decree No. 24213, Jul. 26, 2017>

2. No singing practice room business operator shall sell or offer alcoholic beverages, or arrange an employment for a loan for entertainment;

A. On July 26, 2017, the Defendant sold three cans to customers D in the instant singing practice place at around 02:30,000 won.

B. The Defendant received a demand from D to allow others to satisfe, at the same time and place as that set forth in the preceding paragraph, and arranged for an entertainment loan by getting E to sit together with D with approximately 60,000 won and drinking with D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Investigation reports (as to the details of enforcement), investigation reports (as to whether the registration is made in theC sing, and as to whether the report on the video production room is filed);

1. Application of the Acts and subordinate statutes concerning photographic images and field photographs on the business site;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)1, 18(1) (a) (a) of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts; a person engaged in a music practice room business without registration); Article 34(3)2, and Article 22(1)3 (a) of the Music Industry Promotion Act; Article 34(2) and Article 22(1)4 (a) of the Music Industry Promotion Act (a person engaged in a music practice room business without registration; a person’s imprisonment);

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

3. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive, means and consequence of the crime; and the circumstances after the crime.

A favorable condition: