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(영문) 창원지방법원 2019.03.13 2019고단42
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is a karaoke machine business operator who operates a singing practice room with a trade name called Kimhae-si building B and 'D'.

Every karaoke machine business operator shall prohibit juveniles from entering his/her place of business in addition to the hours for admitting juveniles (09:0-22:00).

Nevertheless, at around 01:55 on December 9, 2018, the Defendant allowed five juveniles, including E (17 years of age), from the above “D” to enter.

Summary of Evidence

1. Defendant's legal statement;

1. F, G, H, I, and E statements;

1. Notification of businesses which violate the amusement business affecting the public morals, and application of the Acts and subordinate statutes on the 112 Reporting Cases List;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 2 of the same Act concerning facts constituting an offense;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) comprehensively taking account of the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined.

D. Unfavorable circumstances: The liability for the crime of this case committed by a juvenile to a singing practice room during the new wall hours is not weak.

Defendant has been punished several times for the same crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

No defendant has been punished in excess of a fine in the past.

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