2021 Violation of the Music Industry Promotion Act, 184, 2021 Highest 757(combined);

Violation of the Infectious Disease Control and Prevention Act;

A, 1968 PPP, L, and self-employed

Residence

Reference domicile

both the Constitution of the Republic of Korea, the President of Ansan-gu, and the Court of Second Instance (Court Decision)

April 28, 2021

A defendant shall be punished by imprisonment for a period of four months and by a fine of two thousand won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

except that the execution of the above imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Punishment of the crime

"2021 Highest 184"

The defendant is a person who operates a singing practice room with a trade name called "C" in Ulsan-gu B.

Any karaoke machine business operator shall be prohibited from selling alcoholic beverages at a singing practice room.

Nevertheless, at around 21:50 on December 10, 2020, the Defendant sold 4 cans with 20,000 won per week to D who is a customer in the above singing practice room.

"2021 Highest 757"

In order to prevent infectious diseases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take measures to restrict or prohibit performances, assemblies, religious rites, or other large gatherings of people, and no person shall violate such measures.

On December 7, 2020, Ulsan Metropolitan City Mayor issued an administrative measure on the suspension of operation from December 8, 2020 to December 28, 2020 to the singing practice room located in Ulsan Metropolitan City on the prevention of crona 19 infectious diseases.

Nevertheless, at around 21:10 on December 10, 2020, the Defendant operated a singing practice room operated by himself in Ulsandong-gu, Ulsan-gu, with no knowledge of D and other names, and violated the above measures.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 34(3)2, Article 22(1)3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages, choice of imprisonment), Article 80 Subparag. 7, and Article 49(1)2 (a) of the Infectious Disease Control and Prevention Act (amended by Act No. 17920, Mar. 9, 2021) (a violation of the collective prohibition order)

1. Punishment of concurrent crimes;

The former part of Article 37 and Article 38(1)3 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution (limited to imprisonment);

Article 62(1) and (2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Although there were several fines for a crime of the same kind of crime (sale of alcoholic beverages in a singing practice room), the sales of alcoholic beverages in a singing practice room in a relatively short time, and the sales of alcoholic beverages at the time when the collective prohibition order is applied. However, there is no evidence to deem that there was an additional accident that a farmer or an infected person was additionally caused by a violation of the collective prohibition order in this case, the fact that there is no criminal record exceeding the fine, and other factors of sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

Judges Kim Jong-chul