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(영문) 서울남부지방법원 2019.06.12 2019고단1166
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room with the trade name of “Cing practice room” in Gangseo-gu Seoul Metropolitan Government B and underground floors.

No karaoke machine business operator shall sell or provide any alcoholic beverage.

1. At around 00:00 on February 24, 2019, the Defendant sold 4 disease 20,000 won a week to customers with no name in the above singing practice room (the above singing practice room).

2. On February 28, 2019, at around 23:40 on February 28, 2019, the Defendant sold 2 to customers of the instant singing practice room room in the name of the Defendant for 10,000 won.

2. Around 23:00 on February 1, 2019, the Defendant sold the instant singing practice room 8 and 10 rooms, and the nameless customers totaling KRW 10 bottles and 45,000 per week to customers.

Summary of Evidence

[2019 Highest 1166]

1. Defendant's legal statement;

1. Photographs of a certificate of registration of a singing practice room, a photo at the control site, and on-site photographs (2019 order 2167);

1. Defendant's legal statement;

1. Application of the registration certificate of singing practice room business and the Acts and subordinate statutes governing alcoholic beverage sales;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning criminal facts and the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: A favorable circumstance in which the defendant was subject to a fine of 10 times for the same kind of crime, and the defendant was subject to crackdown and investigation on the sale of alcoholic beverages, etc. during February 2019, and repeats the following crimes: The defendant reflects the crime, and the defendant closed the singing practice room on April 24, 2019 in the course of the judgment of this case, and as mentioned above, the defendant closed the singing practice room on April 24, 2019. As such, the above sentence shall be determined as per the order, taking into account the circumstances that the defendant was not able to pay and the defendant’s age, character and behavior, environment, motive, means and consequence of the

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