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(영문) 수원지방법원 안양지원 2017.03.10 2016고단2073
음악산업진흥에관한법률위반
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 an singing practice hall that operates “D’s singing practice hall” on the first floor of Singdong-gu C at Ansan-si, and is a person who works in E, F, and G with an inner singing practice.

A singing practice room business operator shall not sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

On November 4, 2016, at around 21:40, the Defendant sold 6 cans cans to three customers H, etc., and one cans to one to one to one to one to one to one to one to one to one to one to one to another, and the Defendant arranged for an entertainment loan by having the above customers drink 30,000 won per hour.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the police officers in relation to E, G, or F;

1. Application of Acts and subordinate statutes governing field detection photographs;

1. Relevant legal provisions for facts constituting an offense, Articles 34(3)2, 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Defendant’s violation of the Music Industry Promotion Act on August 19, 2016, even though having received a summary order of KRW 2 million, the Defendant again commits the same kind of crime.

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