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(영문) 인천지방법원 2020.10.14 2020고단6384
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant operated “C Kinginginging-Up” in Nam-gu Incheon Metropolitan City B.

No karaoke machine business operator shall sell or provide any alcoholic beverage.

Nevertheless, at around 23:00 on July 7, 2020, the Defendant sold eight cans and eight cans and one disease per week to customers, and sold one cans to customers at KRW 4,000 on the following day at around 00:20.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify departments related to field photography and reporting 12 incidents;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Articles 22 (1) 3 and 22 (1) 3 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was to run a singing practice room since 2010, which had already been punished by a fine for violating the same Act four times.

In consideration of the sentencing conditions of Article 51 of the Criminal Act, such as the fact that the crime is recognized, the place of business is closed with the intention to not repeat the crime, and the family members want to break down the defendant's place of preference, etc., the punishment shall be determined as ordered by the order.

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