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(영문) 서울북부지방법원 2018.08.10 2018고단1583
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

A singing practice room business operator shall not sell or provide alcoholic beverages, and shall not employ or arrange a loan for entertainment, or engage in entertainment activities.

Nevertheless, the Defendant, from January 23, 2018 to January 24, 2018, sold 0:11 to 8,000 won a car cans to D with two customers at the singing practice room 2 of the Defendant’s operation of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and arranged a loan by arranging for singing or dancing with 30,000 won per hour, and allowing a person who was not wounded for a contact to engage in entertainment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition for DNA preparation;

1. A internal investigation report (to be accompanied by a closure of the photograph of the video CD);

1. A certificate of registration of a singing practice room;

1. Application of Acts and subordinate statutes on telephone details;

1. Relevant legal provisions for facts constituting an offense, Articles 34(3)2, 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, and the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) under the favorable circumstances against the defendant, the defendant recognized the crime of this case and appears to reflect the mistake; (b) despite the fact that the defendant had already been punished for the same kind of crime several times in running singing rooms, the defendant again committed the crime of this case; and (c) under the unfavorable circumstances against the defendant, the defendant should be comprehensively considered, and the defendant’s age, sex, environment, health conditions, motive, means and consequence of the crime of this case, such as the circumstances after the crime, etc., and determine the punishment like the order.

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