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(영문) 광주지방법원 2017.11.02 2017고정1254
음악산업진흥에관한법률위반
Text

The sentence against the accused shall be determined by a fine of KRW 1,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who serves as an employee in Gwangju North-gu, and in the second floor singing room.

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

Nevertheless, on June 8, 2017, the defendant found the above singing room 4 rooms around 22:00, and arranged two male customers with two female guests as a contact loan, and sold 20 Kascamscamscams.

Accordingly, the defendant sold alcoholic beverages as a singing practice room business operator and arranged a loan for entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of Acts and subordinate statutes to the registration certificate of singing practice place business;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of fines, 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

Defendant has difficulties in maintaining his/her livelihood at present.

In light of the legislative intent of the Music Industry Promotion Act to regulate illegal business behavior, it is necessary to strictly punish such crime.

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