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(영문) 창원지방법원 2018.07.19 2018고단1202
음악산업진흥에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is the owner of a singing practice hall in the Gu's singing practice room.

No person shall sell drugs harmful to juveniles to juveniles, and sing practice providers shall sell alcoholic beverages.

Nevertheless, at around 19:00 on January 27, 2018, the Defendant did not verify the age of 11 juveniles, such as D(n, 14 years of age) at the above singing practice place, and sold alcoholic beverages, which are alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. 112 Application of Acts and subordinate statutes to the detailed statement of reported case settlement;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages by a singing practice room business operator), Article 59 subparagraph 6, and Article 28 (1) of the Juvenile Protection Act (a sales of drugs harmful to juveniles) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there was a history of punishment several times for the same criminal records, but there was no record of being sentenced to punishment exceeding the fine, and other factors such as the age, sex, environment, circumstances of the crime, circumstances after the crime, etc.);

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