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(영문) 울산지방법원 2016.09.29 2016고단1882
음악산업진흥에관한법률위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violating the Music Industry Promotion Act is a person who operates a singing practice hall with the trade name “Dsing practice hall” on the first floor of the Southern-gu Seoul underground, Ulsan-gu, and a singing practice room business operator may not sell or provide alcoholic beverages.

Nevertheless, on May 8, 2016, the Defendant sold two customers with two beer and one man for two customers in the instant singing practice room around 22:30.

2. The Defendant interfered with the performance of official duties on the same day, at around 23:30 of the same day, the police officer, who received a report from the customer on the contents of Paragraph 1, received the statement from the customer, obstructed the police officer’s attempt to collect any empty illness provided after having heard the customer’s statement. When the police officer received a removal from the police officer, the Defendant abused the F’s body, a police officer belonging to the Busan Southern Police Station E District, by hand, on his hand, with G face and several wheelss, a police officer belonging to the same global group.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and H;

1. A written statement;

1. The criminal place;

1. Each photograph;

1. A certificate of registration of singing practice place business;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34 (3) 2, Article 22 (1) 3 (a) of the Music Industry Promotion Act (a point of sales of alcoholic beverages at a singing practice room) on criminal facts, and Article 136 (1) of the Criminal Act (a point of obstructing the performance of public duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the maximum term of two crimes is aggregated);

1. Reasons for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing) [the sentence]. Police officers who regulate the sentencing while the defendant operates a singing practice room and sells alcoholic beverages.

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