A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a karaoke machine business operator running “C” in Seo-gu, Seo-gu, Daejeon.

Any karaoke machine business operator shall not sell or provide alcoholic beverages, and no one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services in a singing machine for profit.

Nevertheless, at around 20:45 on November 3, 2019, the Defendant sold to two male customers one disease (2 liter, PET) of beer for 15,000 won, and had two female customers who find such places at around 21:30 on the same day exempted them from the fees for singing, and arranged them to enter the said three rooms and provide them with entertainment by singing and dancing with male customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of statutes on site photographs;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (4) and 22 (2) (the point of arranging entertainment activities) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment prescribed in the Music Industry Promotion Act concerning the violation of the same Act due to the sale of heavy alcoholic beverages);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Circumstances unfavorable to the defendant: The defendant has been punished five times by a fine for the same kind of crime so far, but again committed the crime of this case.

The circumstances favorable to the defendant: The crime of this case is that the defendant had two women who are customers enter the room of other male customers, and Articles 34(2) and 22(1) of the Act on the Promotion of Criminal Music Industry in the form of arranging a contact loan through news reporting.