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(영문) 서울서부지방법원 2017.12.14 2017고단2691
직업안정법위반
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

A singing practice room business operator shall not sell alcoholic beverages, and no person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing in a singing practice place for profit, or arrange other persons to provide such services.

Nevertheless, around 00:00 on September 2, 2017, the Defendant sold to three male customers, including D, 175,000 won a week, beer 6 cans, etc., and requested three male customers to drink together with male customers, or to encourage them to enjoy entertainment by singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Application of Acts and subordinate statutes on site photographs and card receipts;

1. Relevant Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), Article 34 (4), and Article 22 (2) of the Music Industry Promotion Act (a sales of alcoholic beverages), and each of the imprisonment options;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes with the punishment stipulated for a violation of the Music Industry Promotion Act due to the sale of heavy alcoholic beverages);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant sells alcoholic beverages to customers and arranges entertainment in the singing practice room operated by the Defendant. Even if considering the practical business practices in the singing practice room, the degree of violation by the Defendant, who is a singing practice room, is not less weak, the amount of the usage fee paid by male customers is not much significant, and that the Defendant again commits the instant crime even if he was punished several times due to the same kind of crime, it is disadvantageous to the Defendant.

However, the defendant recognizes the crime of this case and reflects it, and the defendant is the same.

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