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(영문) 부산지방법원 2018.09.13 2018고단2097
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for 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

The Defendant is a person who operates a singing practice hall in the name of “Csing practice hall” in the Geum-gu, Busan.

Although a singing practice room business operator was prohibited from selling or providing alcoholic beverages, the Defendant sold to four customers, including D, in the instant singing practice place from around April 23, 2018 to around 00:05 the following day, for about 80,000 alcoholic beverages, including 10 alcoholic beverages, to four customers, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A police officer of the defendant;

1. Reporting on detection of violation establishments and application of the Acts and subordinate statutes to report investigation;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Article 22 (1) 3 of the same Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant sells alcoholic beverages once again even though the criminal records of the same kind of crime are several times, and the defendant shows the attitude of recognizing and reflecting the facts of the crime in this case, taking full account of the circumstances, such as the background of the crime in this case, the means and method, the circumstances after the crime, the defendant's age, sexual behavior and environment, etc., and the conditions for sentencing under Article 51 of the Criminal Act, as stated in the records

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