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(영문) 수원지방법원 안산지원 2016.12.20 2016고단4300
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 is a person who operates a Mazing Co., Ltd. (hereinafter referred to as the "place of this case"), which is located in B of light.

1. The defendant shall not sell or provide alcoholic beverages at the place of this case in violation of the Music Industry Promotion Act;

Nevertheless, from September 29, 2016 to September 22:25, 2016, the Defendant sold and supplied alcoholic beverages worth KRW 80,000,00 in total, including 12 cans cans, bes, bes, and bes, to three customers, and three other customers, at the instant place.

2. They shall not arrange any person to drink alcoholic beverages with customers, singing or dance in singing practice rooms for the purpose of making profits in violation of the Music Industry Promotion Act;

Nevertheless, the Defendant, at the same time and place as mentioned in the above paragraph (1) above, received a demand from customers E to give a chance to know, and received 30,000 won per hour, and arranged them to go in company with the above E and three other parties, thereby violating the code of practice for singing practice room.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made in D among the police interrogation records against the accused;

1. E statements;

1. Application of each statute on photographs;

1. Relevant provisions for facts constituting an offense, Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of arranging adjacent loans), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages), and the choice of imprisonment (the point of determining whether there are many criminal records of the same kind and the number of criminal records of the same suspended execution)

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

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

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