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(영문) 전주지방법원 2018.04.30 2018고단190
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 190"

1. The Defendant is a person who operates the “D’s singing practice hall” in the United Kingdom of America at the same time.

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 December 12, 2017, the Defendant provided two women who are not aware of the name to drink with the above E, etc. or to provide nine cans for 60,000 won, and provided two women who drink with the above E, etc. with nine cans for entertainment or to provide entertainment by singing or dancing, thereby violating the rules of practice of the singing practice hall operator.

"2018 Highest 628"

2. The Defendant is a person who operates “G musical practice hall” at the end of the preceding week F, while the Defendant is not allowed to sell or provide alcoholic beverages.

Nevertheless, on January 16, 2018, the Defendant sold two cans to two persons, including H, who were found to be customers at the above singing practice room 2 around 23:30,01, and provided two cans to 10,000 won, and breached the obligation of the singing practice implementer by providing beer 1700cc.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Public interest report:

1. Investigation report (to make a report on telephone conversations for a witness) (the fact under subparagraph 2 of the holding);

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H and I;

1. Article 34 (2), Article 22 (1) 4 (a) of the Music Industry Promotion Act (a point of a entertainment loan) on criminal facts, Article 34 (3) 2, and Article 22 (1) 3 (a point of a sales of alcoholic beverages) of the Music Industry Promotion Act;

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant was sentenced to a fine on seven occasions for the same kind of crime, and the defendant was reported on December 12, 2017 in the judgment of the court below on December 12, 201, and was investigated by the investigative agency.

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