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(영문) 창원지방법원 2017.11.17 2017고단2984
청소년보호법위반등
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. The defendant in violation of the Music Industry Promotion Act is a person who operates a singing practice hall in the Gu C while a singing practice room business operator shall not allow a juvenile to enter the place except from 9 A.M. to 10 P.M., and shall not sell or provide alcoholic beverages;

On July 27, 2017, at around 23:00, the Defendant entered the above singing practice place, juvenile E (at the age of 18), F (at the age of 18), G (at the age of 17), H (at the age of 17), H (at the age of 17), and I (at the age of 18), and sold at the age of 50,000 per week 2 concurrently to the said juveniles.

2. No person who violates the Juvenile Protection Act shall sell, lend or distribute alcoholic beverages that are harmful to juveniles, or provide them free of charge for profit;

However, the Defendant sold alcoholic beverages to juveniles as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, and I;

1. Application of Acts and subordinate statutes to registration certificates for singing practice place business;

1. Article 34 subparag. 2 of the Music Industry Promotion Act and Article 22 subparag. 2 of the same Act (a case where a juvenile enters a singing practice room in addition to the hours for admitting him/her) on criminal facts, Article 34 subparag. 2 of the Music Industry Promotion Act, and Article 22 subparag. 3 of the same Act (a case where a juvenile sells alcoholic beverages at a singing practice room) and Articles 59 subparag. 6 and 28 subparag. 1 of the Juvenile Protection Act (a case where a juvenile sells alcoholic beverages to him/her);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (limited to a violation of the Music Industry Promotion Act due to the sale of alcoholic beverages and a violation of the Juvenile Protection 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 (the conditions favorable to the reasons for sentencing as set forth below) lies in the Defendant’s depth and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to each of the instant crimes.

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