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(영문) 춘천지방법원 원주지원 2016.08.09 2016고단544
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall drink alcoholic beverages with customers, provide entertainment services to customers by dancing, or arrange any other person to provide entertainment services, or sell or provide alcoholic beverages to other persons, for profit.

The defendant is a person who is registered with the original city Mayor and operates a singing practice hall in the name of "Creing practice hall" in the original city B.

피고인은 2016. 5. 14. 00:00 경 위 노래 연습장 7 호실에서 그 곳 손님인 D 외 1명의 부탁을 받고 속칭 노래방 도우미인 E, F을 불러 위 손님들과 함께 술을 마시면서 손뼉을 치며 손님의 유흥을 돋우는 접객행위를 하도록 접대부를 알선하고, 위 손님들에게 시가 12,000원 상당의 캔 맥주 4 캔을 판매하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. G statements;

1. A report on the control of a business place;

1. Business registration certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Act on the Promotion of Music Industry, Articles 34 (2), 22 (1) 4 (a) of the Act on the Promotion of Music Industry, Article 34 (2), and Article 22 (1) 3 (a) of the Music Industry Promotion Act (a sales of alcoholic beverages), 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. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, even though the Defendant had been already punished six times due to the same crime, again committed the instant crime. However, the Defendant’s mistake is against the Defendant, and there is no significant benefit from the crime.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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