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(영문) 청주지방법원 제천지원 2015.12.03 2015고단504
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates a “Cking practice room” in Incheon City.

Any karaoke machine business operator shall not employ or arrange a entertainment loan, and shall not sell or provide alcoholic beverages.

Nevertheless, around 21:50 on June 24, 2015, the Defendant: (a) assisted the customer by having the customer enter a singing room, D and E by telephone; (b) assisted the customer to drink and singing together with the F and two other customers; and (c) sold the said customer with 1.5 liters.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A report on the control of public morals;

1. Business registration certificate;

1. A food appraisal statement;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the fact that a karaoke machine business operator has breached his/her obligations through employment or brokerage of adjacent loans, the choice of imprisonment), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the fact that a karaoke machine business operator has breached his/her obligations by selling or providing alcoholic beverages, and choice of imprisonment);

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

1. The defendant's reason for sentencing under Article 62 (1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) has been committed several times due to the same kind of crime, and the fact that the defendant has committed the crime of this case is disadvantageous to the defendant, and the fact that the defendant has led to confession of and reflect against the crime of this case, and that there is no criminal conviction or more than the suspended sentence

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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