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(영문) 대구지방법원 2016.05.26 2016고단647
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates the “Creing practice hall” on the second floor of the building located in G in G, G, which is located in G.

On January 19, 2016, at around 22:10, the Defendant sold 1.6 liters 2 in total to customers under his/her name, and 30,000 won to customers.

Accordingly, the defendant, even though he was a singing practice businessman, sold alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. The application of Acts and subordinate statutes to a response to a request for appraisal;

1. Although the crime of this case was committed by the defendant for the reason of sentencing under Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act, Article 62 (1) of the Act on the Suspension of Execution of Sentence 1 of the Criminal Act, although the defendant could have been sentenced to a fine by selling alcoholic beverages in a singing room, it is not good that the crime of this case is committed, the defendant will not repeat again while closing the above singing practice place.

The punishment shall be determined by taking into account the following factors: the age, sex, circumstances after the crime, etc. of the defendant.

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