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(영문) 전주지방법원 2017.07.07 2017고단847
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in the name of "D" at Jeonju-si and under the ground of "D."

A singing practice room business operator shall not sell or provide alcoholic beverages, and shall not arrange employment of a entertainment loan.

Nevertheless, on April 7, 2017, the Defendant sold six cans to E, which had been found as customers at three times in the above singing practice room around 20:00, and received KRW 30,000 per hour and provided two women who are not aware of their names to drink with the above E, or to provide entertainment services through singing or dancing, thereby violating the rules of practice of the singing practice room business operator.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition;

1. Application of Acts and subordinate statutes to the register of business establishments;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)2, 22(1)3 (a) of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts, and Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act (the point of sales of alcoholic beverages, the choice of imprisonment), and Article 34(2) and 22(1)4 (the point of arranging a loan and the 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. As for the favorable reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11448, Apr. 1, 2006).

There are many records that the defendant has been subject to criminal punishment for the same kind of crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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