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(영문) 수원지방법원 2015.10.22 2015고단3868
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a singing practice room business operator who operates a singing practice room located in Suwon-si B.

No karaoke machine business operator shall sell or provide alcoholic beverages, or employ or arrange a loan for entertainment.

Nevertheless, around 00:30 on August 8, 2015, the Defendant sold to D a total of 2 cans of beer, which is a customer, with a total of 8,000 won, and received 25,000 won from D and caused a loan in favor of name to drink with D, and arranged a loan in favor of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Registration certificate of singing practice room business;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 2 and 22 (1) 3 (the point of sales of alcoholic beverages), Articles 34 (2) and 22 (1) 4 (the point of brokerage of adjacent loans) of the Music Industry Promotion Act, and the choice of imprisonment, respectively, with prison labor;

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

1. Article 62 (1) of the Criminal Act (the fact that the suspended sentence is recognized as committing a crime, the fact that the suspended sentence is not less than the previous offense, and other factors, such as the health of the accused, the motive, circumstances, etc

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