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(영문) 서울남부지방법원 2018.10.24 2018고단4054
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a singing practice hall operator operating a singing practice hall with the trade name “C Sing practice hall” in Gangseo-gu Seoul Metropolitan Government.

Although a singing practice room business operator is prohibited from selling or providing alcoholic beverages at the relevant place of business, the defendant sold 4 cans equivalent to 16,000 won in total to customers who visited the place at the said place of singing practice around August 1, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of a person;

1. A certificate of registration of singing practice place business;

1. Voluntary accompanying report;

112 Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning facts constituting an offense (a point of alcoholic beverage sales and choice of imprisonment);

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant was punished by a fine on several occasions, even though he/she was punished by a fine, by running a singing practice hall.

In order to prevent recidivism, the corresponding punishment is required even if it is necessary.

The defendant's mistake is recognized as favorable circumstances.

The above circumstances and the circumstances leading to the Defendant to commit the instant crime, the circumstances after the commission of the instant crime, the records of the Defendant’s punishment in the past, and other various circumstances, including the Defendant’s age, sex, and environment, which are conditions for sentencing as shown in the records and arguments, shall be determined as ordered by the text.

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