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(영문) 창원지방법원 2014.01.03 2013고단3446
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 3446] The Defendant is a karaoke machine business operator who operates a “C karaoke machine” on the underground floor of the window B of Changwon-si.

In October 1, 2013, a karaoke machine business operator was prohibited from selling or providing alcoholic beverages, but the defendant sold or supplied 3 bottles (500ml'm') to one customer D and one other in the above karaoke machine special room around 00:25 on October 1, 2013.

[2013 Highest 3677] The Defendant is a karaoke machine business operator who operates a “C karaoke machine” on the underground floor of the window B of Changwon-si.

Despite the fact that a karaoke machine business operator is not allowed to sell or provide alcoholic beverages, the defendant sold or provided three bottles of connection with alcoholic beverages to two customers E, etc. in the above singing practice room around 16:00 on November 10, 2013.

Summary of Evidence

[2013 Highest 3446]

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Control note;

1. A report on the sales of alcoholic beverages;

1. On-site photographs;

1. Each investigation report (F telephone statement hearing, hearing D telephone statement);

1. Defendant's legal statement;

1. Control note;

1. Report on the occurrence of the case;

1. Application of the photographic Acts and subordinate statutes;

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the defendant among the reasons for sentencing) is that the defendant has been punished several times for the same kind of crime in the past. In particular, considering the fact that the defendant has been investigated by the investigative agency as the case of 2013 Go-Ma3446 and repeated crimes of this case, the defendant needs to be punished strictly. However, the defendant is led to the confession of each of the crimes of this case and is against depth, and there is no record of punishment exceeding the fine, and the age, character, character, intelligence and environment of the defendant, and the motive, background, etc. of each of the crimes of this case.

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