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(영문) 수원지방법원 2018.07.13 2018고단2240
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall with the trade name "C" on the part of Suwon-si B.

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

Nevertheless, at around March 12, 2018, the Defendant received 15,000 won from D, etc., which was a customer in a singing practice room, and sold five cans to the said customer.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 34 of the Music Industry Promotion Act and Articles 34 (3) 2 and 22 (1) 3 of the same Act concerning facts constituting an offense, the selection of a punishment for imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the sentencing conditions as indicated in the instant case, including the following circumstances, Defendant’s age, sexual conduct, environment, background and result of the instant crime, and the circumstances after the instant crime.

The favorable circumstances: The circumstances unfavorable to him/her that he/she repents his/her mistake and reflects him/her: The fact that he/she has been punished for the same kind of crime is several.

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