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(영문) 수원지방법원 안산지원 2018.09.13 2018고단2246
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a singing practice room business operator who operates “D’s singing practice hall” on the fifth floor of the building located in Sising City.

Although a singing practice room business operator is not allowed to sell, provide, or arrange for a loan of alcoholic beverages, the defendant received 8,000 won from E who is a customer at around May 1, 2018, and sold cans to five rooms at around 5,000, and arranged to provide the above customer with a loan of non-personal contact with the above customer on the condition that he/she would give 30,000 won per hour at the above customer's request.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition for E works;

1. Application of the video CD-related Acts and subordinate statutes

1. Articles 34 (2), 22 (1) 4 (a) and 34 (3) 2, and 22 (1) 3 (a) of the Music Industry Promotion Act concerning the facts constituting an offense (a point of alcoholic beverage sales and a choice of imprisonment with prison labor) of the relevant Act;

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 sentence under Article 62(1) of the Act on the Suspension of Execution has been served five times on the grounds of sentencing under Article 62(1) of the Criminal Act, but is once sentenced to the punishment of a fine due to the same kind of crime, again, punishable by imprisonment for the crime of this case. The defendant has no record of other crimes except each of the above crimes, and the defendant shows an attitude against the mistake in the court.

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