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(영문) 수원지방법원 안산지원 2016.08.09 2016고단1851
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a singing practice provider who operates a mutual “Ding” with the trade name in Ansan-si C underground.

1. The Defendant, in violation of an order for suspension of business, was subject to an administrative disposition of 90 days of business suspension from February 17, 2016 to May 16, 2016 by a member’s Gu office, but the Defendant continued to engage in the business, such as having 13 customers 1 in singing in the singing room on April 22, 2016 during the period of business suspension, in violation of such order.

2. Although the Defendant, as a singing practice proprietor, was prohibited from selling or providing alcoholic beverages, he/she received 48,000 won per cans and supplied 12 cans to 13 customers on the said date and at the above place, with a total of 48,000 won per cans.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of administrative disposition;

1. Application of statutes on site photographs;

1. Article 34 (3) 3, Article 27 (1) (which means that a person conducts business during the period of suspension of business) of the Music Industry Promotion Act concerning criminal facts, Article 34 (3) 2, and Article 22 (1) 3 (which means that a person sells and provides alcoholic beverages) of the Music Industry Promotion Act, and Article 22 (1) 3 of the same Act concerning the selection of fines;

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. Although the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, although the defendant committed the crime of this case during the period of suspension of execution, the defendant is deemed to have been punished several times for the same crime, he/she does not repeat the crime of this case, such as closing his/her singing room at present.

In full view of all the circumstances, such as the fact that the defendant and her husband's health are not good and that they live economically difficult, etc., the punishment shall be determined as per the disposition.

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