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(영문) 대전지방법원 천안지원 2013.08.08 2013고단746
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has five rooms in the area of approximately 115.50 square meters in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon, with five rooms, and operates a singing practice room with the trade name of “C singing practice room”;

1. On May 4, 2013, a karaoke machine business operator sold alcoholic beverages in violation of his/her obligations by selling cans, 4 cans, 4 cans, and 54,000 won to two customers, such as D, etc. at the said karaoke machine on May 4, 2013, even though he/she was prohibited from selling or supplying alcoholic beverages, and selling alcoholic beverages in violation of the obligations of a karaoke machine business operator;

2. In spite of the fact that a karaoke machine business operator was prohibited from acting as a broker for a entertainment loan, a karaoke machine business operator demanded the said D to provide a word “omans” from the said D at the same time, at the same time, and at the same place, provided a female entertainment loan, and provided a female entertainment loan for about one hour with two persons such as the said D, etc., including the said D, and provided them with singing and dancing, thereby soliciting their entertainment by violating the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements, certificates of registration of singing practice room business;

1. Application of CD 1 statute

1. Article 34 (3) 2 of the Act on the Promotion of Music Industry, Articles 22 (1) 3 (a) and 34 (2) and 22 (1) 4 (a point of sales of alcoholic beverages on the market), the Music Industry Promotion Act, and the choice of imprisonment for each type of crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment provided for in the violation of the Music Industry Promotion Act by arranging loan with heavy holding);

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been sentenced to a fine five times from 2003 to 2010 due to the same crime as the instant case, such as the sale of alcoholic beverages in a singing practice room and the intermediation of helpers, committed the instant crime without disregarding the relevant laws.

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