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(영문) 대전지방법원 논산지원 2017.05.16 2017고단148
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant 1 of the 2017 High Order 148 is a person who operates a singing practice hall in the name of “C” in Seosan-si B.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, on January 28, 2017, at around 23:05, the Defendant sold 20,000 won to 2 male and female workers who were found to be customers in the above singing practice room 5 room.

2. No licensee of 2017 Highest 213 Sing practice room shall sell or provide alcoholic beverages;

Nevertheless, around March 25, 2017, the Defendant sold plastic beer, 7 bottles, 3 bottles, and beer, etc. totaling 80,000 won to 10 persons, such as D, etc. who are customers of the said singing room, and sold caners to E, who are other customers, and provided one caner to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements in the D statements;

1. Reporting on the arrest of each case;

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

1. Application of Acts and subordinate statutes on site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 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. In light of the observation of protection and the fact that the reason for sentencing under Article 62-2 of the Criminal Code of the community service order committed the instant crime again despite the fact that the Defendant had been punished four times as a fine for the same kind of crime, etc., the corresponding punishment is required.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant reflects the mistake, the fact that the Defendant has no record of the suspension of execution or heavier punishment, and the age, sex, environment, criminal records, criminal records, circumstances after the crime, etc.

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