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(영문) 수원지방법원 안양지원 2017.11.24 2017고단1549
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 singing practice room business operator who operates “C” on the first floor of Ansan-gu B and the underground level.

A singing practice room business operator shall not sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

On July 22, 2017, around 21:00, the Defendant sold alcoholic beverages equivalent to KRW 20,000 in the sum of the cans for beer and the price for beer and to two other than the customers, and the Defendant arranged for an entertainment loan by having other than E receive KRW 30,000 and drink with the above customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to on-site photographs and registration certificates of distribution-related business operators;

1. Relevant legal provisions for facts constituting an offense, Articles 34(3)2, 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation - Unfavorable circumstances: The same criminal records and four times before the previous offense; - favorable circumstances: the defendant has no criminal records of imprisonment without prison labor or any heavier punishment while recognizing the crime;

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