logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.06.27 2017고단249
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No singing practice room business operator shall sell or provide alcoholic beverages or arrange a loan for entertainment.

Nevertheless, on March 7, 2017, the Defendant: (a) directed male customers who have found the above singing to the above five singing rooms; (b) sold to the above five singing rooms; and (c) ordered the above D to enter the above five rooms on the condition that he would pay KRW 25,000 per hour, and let them drink with the customers; (d) continuously directed male customers who have found the above singing three times in the above three singing rooms; and (e) let them drink with the customers or dance with the singing or dance; and (e) continuously directed them with the above three singing rooms, and (e) allowed them to enter the above three rooms on the condition that they would pay KRW 25,00 per hour and provide them with the singing or dance.

Accordingly, the defendant sold alcoholic beverages and arranged a entertainment loan.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An explanatory note;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)3 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Articles 34(2) and 22(1)4 of the Music Industry Promotion Act (a sales of alcoholic beverages) concerning facts constituting an offense, 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. In light of the fact that the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, committed again the instant crime even though he/she had been punished three times as a fine for the same kind of crime, there is a need for the corresponding punishment.

However, the fact that the defendant reflects the wrong, that the defendant has no record of the suspension of execution or heavier punishment, and that the defendant's age, sex, environment, criminal records, criminal records, circumstances of the crime, and the circumstances after the crime are closed.

arrow