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(영문) 전주지방법원 2016.10.06 2016고단1103
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. The Defendant is a person who operates a singing practice room business with the trade name of “D singing practice room business” located in Kujin-gu Seoul Metropolitan City.

Even if a singing practice room business operator was prohibited from selling or providing alcoholic beverages, the Defendant received 15,000 won from E as a customer in the said singing practice room around April 19, 2016, and sold 1 disease of garrecing.

2. The Defendant is a person who operates a singing practice room business with the trade name of “G singing practice room business” located in Jinjin-gu in Jeonjin-gu, Jeonjin-gu.

Even if a singing practice room business operator is prohibited from selling or providing alcoholic beverages, the Defendant received 15,000 won from customers E in the above singing practice room on April 27, 2016 and sold three cans for beer and beer.

B. Even if a singing practice room business operator was prohibited from employing or mediating a entertainment loan, the Defendant provided a entertainment loan by having the above time and place of business receive 30,000 won from E and his name in exchange for drinking with the customer, or by having the customer provide a entertainment service with singing or dancing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of regulations on public morals places of business, on-site photographs, and photographs of each registration certificate;

1. Article 34 (3) 2, Article 22 (1) 3 (the point of sale of alcoholic beverages, the choice of each imprisonment), Articles 34 (2) and 22 (1) 4 (the point of good offices for entertainment loans and the choice of imprisonment) of the relevant Act on the Promotion of Music Industry concerning facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act (including the fact that a defendant who has no record of punishment heavier than a fine has repented his/her mistake, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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