A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “C” from the first basement level B at his own Government.

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

Nevertheless, at around 22:30 on June 19, 2019, the Defendant received and sold 4,000 won for each of three customers, including 3 cans cans and bes, and 4,000 won for the first week.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Voluntary report;

1. Application of statutes governing field enforcement photographs;

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 crime of this case on the grounds of probation and community service order Article 62-2 of the Criminal Act is not likely to be a violation of the Music Industry Promotion Act, which aims to maintain the sound business order of singing practice room and prevent any harm to good public morals and customs caused by the solar business, by selling alcoholic beverages while running singing practice room.

The Defendant was punished four times by a fine of KRW 300,00 or KRW 1 million from 200 to 2016 as a violation of the Music Industry Promotion Act, which provided alcoholic beverages to singing customers, and committed the instant crime of this case in 2015, even though he had a record of being punished by a fine of KRW 2 million in 200,000, under the Music Industry Promotion Act, as a result of the Defendant’s violation of the Music Industry Promotion Act which provided entertainment to singing customers, the Defendant committed the instant crime of this case. As such, it is difficult to prevent the Defendant from repeating the crime, and it is necessary to prevent the recidivism through a strict punishment corresponding to the Defendant’s criminal liability.

The defendant argued that the defendant was forced to refrain from committing the crime of this case without using singing if he did not provide alcoholic beverages from customers in a difficult place due to the absence of customers. However, the defendant argued that he was forced to refrain from committing the crime of this case.