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(영문) 대구지방법원 경주지원 2017.08.31 2017고단321
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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 “Csing practice hall” in the racing-si B.

A sing practice room business operator shall ensure that juveniles do not have access to sing practice places in addition to the hours for admitting juveniles prescribed by Presidential Decree.

Nevertheless, on March 1, 2017, the Defendant violated the code of practice by singing the following: D(15), E(16) and F(16) as a customer on July 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Statement made by the police for E;

1. Each statement of D, E, and F;

1. The application of Acts and subordinate statutes governing registration certificates of business in singing practice places, such as reporting on investigations (the statement by telephone, attachment of photographs, confirmation report by a person for reference), juvenile photographs, reporting on detection of violators of the Act on the Promotion of Music Industry, internal investigation reports (report on the situation, etc. at the time of dispatch to the scene),

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 (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( Various extenuating circumstances, such as the violation of the law and the fact that there is no record of punishment exceeding the fine);

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