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(영문) 광주지방법원 목포지원 2017.10.13 2017고단903
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 person who operates a “C Sing practice hall” on the second and second floor of a meeting.

A singing practice room business operator shall ensure that juveniles do not enter the hours for admitting juveniles prescribed by Presidential Decree (from 9 a.m. to 10 p.m.), and shall not sell or provide alcoholic beverages to customers.

Nevertheless, around 03:30 on February 7, 2017, the Defendant entered the above singing practice room operated by the Defendant with the charge of KRW 20,000 per hour, and sold to the said juveniles and the customers who are day-to-day, alcoholic beverages worth KRW 10,00,00, such as 1 bottle and 2 cans per week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E-certification;

1. Application of postal card receipts, on-site photographs, and statutes;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 2 and 3 of the same Act concerning facts constituting an offense (or choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation at a disadvantage to the fact that the Defendant again committed the instant crime even though he/she had been punished several times due to a crime violating the business operator’s obligations, etc. while considering the circumstances favorable to the fact that the Defendant recognized the instant crime and reflects the fact that he/she had not been punished exceeding the fine due to the same kind of crime

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