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(영문) 수원지방법원 2019.10.17 2019고단1159
음악산업진흥에관한법률위반
Text

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.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “C Kinginging practice room” in Young-gu, Young-si B.

On October 31, 2018, the defendant did not employ or arrange a contact loan, but the defendant provided a contact loan with the name-free loan of KRW 30,000 per hour at the above practice place at around 00:10 on October 31, 2018, and the above practice place was found in company with the customer D and arranged a contact loan.

The Defendant is a person who operates a singing practice room with the trade name of “Cinging practice room” in Article 204 of the building B located in Young-gu, Young-si.

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

Nevertheless, around July 11, 2019, the Defendant sold one disease, one beer, and one can to customers with no name in the singing practice room at around 21:30 on July 11, 201, respectively.

Summary of Evidence

1. The defendant's legal statement "2019 Highest 1159";

1. "D's report "2019 Highest 4253";

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2), 22 (1) 4 (a) and 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of brokerage for adjacent loans), and the choice of imprisonment with prison labor;

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;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant committed a second offense despite the fact that he/she was punished for the same kind of crime; and (b) the Defendant committed the instant case No. 2019No4253 while he/she was under trial in the case of 2019Da11599, etc., which are disadvantageous to the Defendant; (c) the Defendant is recognized as committing a crime; (d) the Defendant’s economic situation is difficult; and (e) the Plaintiff appears to have failed to dispose of the instant singing due to a dispute with the lessor; and (e)

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