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(영문) 수원지방법원 2016.09.08 2016고단4105
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

Anyone who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si

Nevertheless, at around 23:00 on March 22, 2016, the Defendant, with the trade name of “C” in Suwon-si, Suwon-si, had six guest rooms equipped with video-competing devices and carried out singing at KRW 30,00 per hour to D, E, F, etc., a customer who found said places, and sold cans and one per day, and had three female-competing loans in whose name the Defendant received KRW 30,00 per hour, and drinks and dances with the said D, etc.

Accordingly, the defendant operated a singing practice room business without registration, sold alcoholic beverages, and arranged for a entertainment loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. Application of statutes on business registration certificates;

1. Article 34 (2), Article 22 (1) 4, Article 34 (3) 1, Article 18 (1), Article 34 (3) 2, and Article 22 (1) 3 of the Act on the Promotion of Music Industry concerning Criminal Facts and the Selection of Punishment of such Crimes;

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 ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was punished three times for the same crime and operated singing rooms without being registered, sold alcoholic beverages, and arranged for a loan.

On the other hand, the fact of crime is recognized and wrong.

In addition, it is also recognized that there is no history of criminal punishment except fines.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the instant pleadings.

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