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A defendant shall be punished by imprisonment for four months.
except that 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
Every karaoke machine business operator shall be prohibited from selling or providing alcoholic beverages, and no one shall sell alcoholic beverages to juveniles.
Nevertheless, around July 5, 2016, the Defendant sold 5 illnesss, which are drugs harmful to juveniles, to D(E), F(Gs) and H(Is) in the “C K-sing practice room” operated by the Defendant of Gangseo-si B.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. F and H prosecutor's offices and police statements;
1. A copy of registration certificate of singing practice room business;
1. Application of the Acts and subordinate statutes governing the investigation report (CCTV photograph attachment);
1. Subparagraph 6 of Article 59 of the Juvenile Protection Act and Article 28 (1) of the same Act (a violation of the Juvenile Protection Act at the time of sale), Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act (a violation of the Act on the Promotion of Music Industry at the time of sale);
1. Articles 40 and 50 of the Criminal Act (the punishment provided for in the crime of violating the Juvenile Protection Act as stated in the judgment of more severe crimes, and the punishment shall be imposed and the choice of imprisonment shall be imposed) of the ordinary concurrence and the choice of punishment;
1. According to Article 62(1) of the Criminal Act of the suspended sentence, the sentence shall be suspended considering the following factors: (a) the period of sentence is four times or more; (b) the criminal defendant’s second crime resulting in the criminal act of this case; and (c) the circumstances leading to the criminal act of this case and the juveniles were 18 years old; and (d) the execution of the sentence shall be deferred by taking into account family environment and support relations.