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(영문) 전주지방법원 2018.08.30 2018고단848
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

"2018 Highest 848"

1. The Defendant is a person who operates a singing practice hall in the name of “D” on the 2nd floor of the Dongdaemun-gu Seoul Metropolitan Government in the Jeonjin-gu.

A sing practice room business operator shall not admit juveniles except for the hours from 9 a.m. to 10 p.m.

Nevertheless, on February 19, 2018, at around 01:00, the Defendant entered six juveniles E (F.F. life), G (W. H. life), I (n.m. life), K (n.m. L. life), M (N. life), andO (P.).

Accordingly, the Defendant violated the code of practice of singing practice providers.

"2018 Highest 1505"

2. The Defendant is a person who operates a singing practice hall in the name of “D” on the 2nd floor of the Seongdong-gu Seoul Metropolitan Government in the Jeonjin-gu.

A sing practice room business operator shall not admit juveniles except for the hours from 9 a.m. to 10 p.m.

Nevertheless, on May 22, 2018, the Defendant entered three juvenile Q Q (R. R. birth), S (T. birth), U.S. (V. birth), etc., which had been found in the above singing practice place around 04:00.

Accordingly, the Defendant violated the code of practice of singing practice providers.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Each statement of E, G, I, K, M andO;

1. On-site photographs;

1. An investigation report (investigation into the phone of a student who enters a singing room) (the fact under subparagraph 2 of the judgment);

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against U or S;

1. A written statement of Q;

1. Application of Acts and subordinate statutes to investigation reports (statements by U.S.) and CCTV images images;

1. Article 34 (3) 2 and Article 22 (1) 2 of the Music Industry Promotion Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act during the suspended execution (related to the 2018 High Court Order 1505 Case)

1. Summary of the assertion

A. The instant juveniles, Q, S, and U, are accompanied by W, a guardian.

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