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(영문) 서울동부지방법원 2017.04.25 2017고정274
음악산업진흥에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

On November 14, 2016, around 20:20 on November 14, 2016, the Defendants performed an act of drinking with customers or singing or dancing to encourage customers to provide entertainment (the term “E” in the Songpa-gu Seoul Metropolitan Government branch office) for profit-making purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D;

1. Application of the Acts and subordinate statutes to report internal investigation (Attachment of photographs and other materials taken by the police officer controlling the scene);

1. Relevant Articles 34(4) and 22(2) of the Music Industry Promotion Act and the Defendants’ choice of punishment for criminal facts: Determination of fines

1. Defendants to be suspended from sentence: Fines 1,000,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: (a) there is no record of criminal punishment against the Defendants for the reasons of sentencing under Article 59(1) of the Criminal Act (the part favorable to the Defendants among the reasons for sentencing); and (b) the Defendants divided their mistakes in the serious reflection against the instant crime; and (c) the Defendants’ age, sex, environment, motive, means and consequence resulting from the instant crime; (d) the circumstances after the instant crime; and (e) all other circumstances constituting the conditions for sentencing as indicated in the records and changes in the instant case, as indicated in the disposition.

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