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(영문) 서울중앙지방법원 2016.03.11 2016고단329

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

The Defendant is a person who operates a “Creing practice hall” in Jung-gu Seoul Metropolitan Government.

A. Although a singing practice room business operator is prohibited from selling or providing alcoholic beverages, the Defendant sold two can cans to D, which is a customer, at around 22:04 on October 28, 2015, to 2,500 won per unit.

B. Although a singing practice room business operator is not allowed to arrange employment of a entertainment loan, the defendant was employed by the defendant at the time and place specified in the above paragraph (a) by receiving 30,000 won per hour from the above D as entertainment expenses, and by allowing one person to provide a non-name entertainment loan with music and dance.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of the Acts and subordinate statutes on the CD screen screen to the CD screen;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(2)2 and 22(3)3 (a) of the Music Industry Promotion Act on criminal facts, the selection of imprisonment for each of the following categories;

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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr