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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 becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a singing practice room with the trade name of "C" in Gangseo-gu Seoul Metropolitan Government.
1. No karaoke machine business operator shall sell or provide any alcoholic beverage;
around 22:40 on September 19, 2019, the Defendant sold a total of 53,000 won of alcoholic beverages by selling 5 slocks to customers D and 7 canslocks to customers D, etc.
2. 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, for profit;
The Defendant, at the same time and place as referred to in the preceding paragraph, had three female prestigious women to drink with customers D, etc., to provide entertainment by singing or dancing, and had them receive 35,000 won per hour for one female prestigious female prestigator and receive approximately 2 hours and 30 minutes per hour for one female prestigator.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A copy of registration certificate of singing practice room business;
1. Investigation report (a copy of suspect interrogation protocol for each business owner); application of police interrogation protocol for F to police officers;
1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2, 22 (1) 3 (the point of sales of alcoholic beverages), 34 (4), and 22 (2) of the same 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;
1. The defendant of the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is selected to be sentenced to imprisonment with prison labor, considering the fact that he/she has been punished five times for the same crime;
However, the defendant led to the confession and reflect of the crime, but there is no criminal record exceeding the fine, and the intention to sell the alcoholic beverage at the request of the guest has been arranged and calculated.