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(영문) 대구지방법원 2017.08.11 2017고단2552
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room in the name of "C Sing room" in Daegu Northern-gu B.

No person who operates a singing practice hall shall sell or provide alcoholic beverages in the place of business.

On April 29, 2017, around 23:40 on April 29, 2017, the Defendant provided two customers D and three other customers with alcoholic beverages of an amount equivalent to 16,00 won at the market price, such as carcs, 4 cans, which are alcoholic beverages.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of imprisonment;

1. The Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, committed again the instant crime even though he had been punished three times by a fine due to the same offense as the instant case while operating a singing practice room, taking into account the value of alcoholic beverages sold by the Defendant, the period of operation of the Defendant’s singing practice room, etc., and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex behavior, etc., shall be determined as the same as the disposition.

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