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(영문) 인천지방법원 부천지원 2016.06.03 2016고단884
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 singing practice hall that operates the "Cing practice hall" on the second floor of Kimpo-si Kimpo-si.

A singing practice room business operator shall not sell or provide alcoholic beverages.

Nevertheless, around 20:00 on April 14, 2016, the Defendant sold 3,000 won in total for 12,000 won per alcoholic beverage to four customers who were found in the above C Singing practice room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Criminal place and business registration certificate;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry and Selection of Punishment for Criminal Facts and Article 22 (1) 3 of the Act on the Promotion of Music Industry (Selection of imprisonment, considering the fact that the defendant sells alcoholic beverages again even if he/she was punished for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Do1488, Apr. 1, 2011);

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