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(영문) 수원지방법원 성남지원 2015.03.13 2014고단2758
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Music Industry Promotion Act in the Sung-nam Branch of Suwon District Court on September 27, 2013, and the said judgment was finalized on April 30, 2014.

Any karaoke machine business operator shall not sell or provide alcoholic beverages, and no one shall arrange any other person to drink alcoholic beverages with customers, or to provide other persons with an entertainment machine for profit.

Nevertheless, on March 25, 2014, from around 20:15 to 23:55, the Defendant sold 20 cans(3,000 won per cans) to customer E at “Ding practice room” located in Sungnam-si A, which is located in Sungnam-si, and had two Does who are not aware of the name receive 25,000 won per hour and drink with the said E, or provide entertainment by singing or dancing.

As a result, the Defendant sold and provided alcoholic beverages, and assisted the entertainment of customers in singing practice rooms for profit.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement to E by the police;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (Attachment to previous records and written judgments);

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sales of alcoholic beverages), Articles 34 (4) and 22 (2) of the Music Industry Promotion Act (a point of referral of reception of reception of reception of reception of reception of reception of reception of reception of delivery of punishment), and choice of imprisonment for each crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant can have the same ability to punish the defendant, and the defendant committed the crime of this case since it has not long been punished for the same kind of crime, it is highly necessary to punish the defendant. However, the decision is made.

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