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(영문) 서울서부지방법원 2014.08.19 2014고단1345
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 20, 2014, the Defendant: (a) around 21:15, the Seodaemun-gu Seoul Metropolitan Government first floor, without registering with the competent authority; (b) provided two customers under the name of “D” with video-competing devices, microphones, etc.; and (c) provided two customers under the name of “D” with the same trade name; and (d) provided two customers with alcoholic beverages equivalent to KRW 4,000 per hour.

Accordingly, the defendant operated a singing practice room business without registration and provided alcoholic beverages.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to reports on detection of customs business places, photographs of business places, control inspectors;

1. Article 34 (3) 1, Article 18 (1) of the Music Industry Promotion Act (the point of running a singing practice room business and the choice of imprisonment), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence may require strict punishment if the defendant continuously violates the Music Industry Promotion Act at the same place and continues to engage in business. However, the defendant's error may be divided, the defendant has no record of punishment exceeding the fine due to the same kind of crime, and the defendant's age, character and behavior, environment, family relationship, occupation, etc., and all other circumstances constituting the condition for sentencing as shown in the records including the defendant's age, character and behavior

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