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

Punishment of the crime

[criminal history] On October 16, 2015, the Defendant was sentenced to imprisonment with prison labor for a period of six months and the suspension of execution was decided on October 24, 2015, for a violation of the Music Industry Promotion Act at the Suwon District Court’s Pyeongtaek District Court’s House on the ground that the Defendant committed a violation of the Music Industry Promotion Act.

[Criminal facts] Defendant is a person who operates C on the third floor of Pyeongtaek-si B.

1. Hours for admitting juveniles and running singing practice establishments other than those for admitting juveniles shall not admit juveniles to singing practice establishments except from 9 A.M. to 10 P.M., the hours for admitting juveniles prescribed by Presidential Decree;

Nevertheless, on August 14, 2016, from around 22:00 to 23:51, the Defendant entered the above singing practice room with eight singing rooms, such as D (n, 16 years of age), a juvenile, into the above singing practice room.

2. No person who sells or provides alcoholic beverages shall sell or provide alcoholic beverages at a singing practice place;

Nevertheless, at around 22:30 on August 14, 2016, the Defendant sold and provided 8 cans (36,000 won) for a total of KRW 4,00 per cans per head of the car cans to four customers, E, etc. in the above singing practice room No. 1 room.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Written statements D, F, and E;

1. Field control photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)2 (a) of the Act on the Promotion of Music Industry (a violation of prohibition of access by juveniles), Articles 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act on the Promotion of Music Industry (a violation of prohibition of sale or provision of alcoholic beverages), the choice of imprisonment with prison labor;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes was 13 times in relation to the operation of a singing room since 1997, and committed the instant crime even during the period of suspended execution.

Despite the suspension of two times of imprisonment, the sentence shall continue to be imposed on illegal business crimes.