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(영문) 광주지방법원 순천지원 2017.11.10 2017고단963
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant 2017 High Order 963 is a person who actually operates the “C Sing practice hall” on the B2nd floor at all times.

Around April 13, 2017, the Defendant was prohibited from selling, offering, or arranging for a loan of alcoholic beverages as a singing practice room business operator, and around April 23:35, 2017, the Defendant sold to four customers, such as customers D with a total amount of 20 ,00 ,00 , and 20 ,0 ,00 ,00 , and received demand from the said D, etc. to provide an instrument for an instrument, and provided E, F, G, and H with an instrument of 30,000 won and provided an instrument of drinking with the said D, etc.

Accordingly, the Defendant sold alcoholic beverages in violation of the code of practice as a singing practice room business operator and arranged a loan for entertainment.

2. No person engaged in 2017 Singing practice room business shall sell or provide alcoholic beverages, or employ or arrange a loan for entertainment business;

Nevertheless, on June 24, 2017, the Defendant received a demand from two customers, such as I, to provide ten to the said customers with a beer amounting to KRW 40,000, and the J and K received KRW 30,000, respectively, and served with the said customers to drink and talk with the said customers at around 21:20 on June 24, 201.

Accordingly, the defendant sold alcoholic beverages and arranged a entertainment loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer in relation to E, F, G, H, L, J, or M;

1. Evidential photographs and other closures of a course and photographic data;

1. Application of the Acts and subordinate statutes of one video CD;

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

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Order of community service;

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