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(영문) 대전지방법원 2020.03.20 2019고단4785
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No karaoke machine business operator shall sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

At around 22:00 on July 18, 2019, the Defendant violated the rules of practice of karaoke machine business operators, such as arranging two female-doing women who are not aware of their names after receiving a demand for drinking and female-doing from E, a customer, and receiving KRW 620,00,00 from the mother of the Defendant and the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to settlement details, investigative reports, investigation reports (to hear statements of witnesses, E of reference witnesses, F telephone statement hearing reports);

1. Articles 34(2), 22(1)4, 34(3)2, and 22(1)3 of the Music Industry Promotion Act (Amended by Act No. 16692, Dec. 3, 201); the choice of imprisonment for a crime; and the choice of imprisonment for a crime under Article 22(1)3 of the same Act

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes the Defendant’s mistake as late as possible and reflects the Defendant’s wrong judgment: Provided, That on November 30, 2016, the Defendant was sentenced to a suspended sentence for six months as of June 27, 2017 due to the violation of the Juvenile Protection Act and the Music Industry Promotion Act, and the Defendant’s mother was sentenced to a suspended sentence for six months as of August 28, 2017, following the said judgment, after the Defendant’s mother was sentenced to a summary order of KRW 5 million on August 28, 2018. Nevertheless, the Defendant, after the expiration of the suspended sentence, became up to the crime of this case, following the Defendant’s character and conduct, motive for committing the crime, etc., and all the circumstances revealed in the order after the suspended sentence, including all the circumstances revealed in the oral proceedings.

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