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(영문) 수원지방법원 2018.11.15 2018고단5022
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor 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 hall in the city population B.

1. No alcoholic beverage dealer shall sell or provide alcoholic beverages;

Nevertheless, at around 01:50 on June 25, 2018, the Defendant violated the code of practice by selling three customers D and five customers each to 16,000 won.

2. No singing practice room business operator shall employ any entertainment loan, arrange any entertainment service provider, or arrange any entertainment service provider;

Nevertheless, the Defendant, at the time and place under the preceding paragraph, had 30,000 won a hour loan F, provide three customers D with three customers and entertainment G with five customers E and talk with five customers.

As a result, the defendant arranged a contact loan in violation of the code of practice of the singing practice room business operator.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each written statement of D and E;

1. A report on internal investigation:

1. Investigation report (to listen to DNA excursion ships);

1. Application of Acts and subordinate statutes to photographs of singing practice centers;

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. Circumstances unfavorable to the defendant due to the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the defendant among the reasons for sentencing): The circumstances favorable to the defendant are identical to and six times. The circumstances favorable to the defendant are recognized and reflected. There is no previous conviction exceeding the fine. The sentencing conditions under Article 51 of the Criminal Act are comprehensive.

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