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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 operates a singing practice room with the trade name “D” in Seocheon-si, Seocheon-si C.
Any karaoke machine business operator shall employ a entertainment loan, arrange a entertainment business, or refrain from engaging in an entertainment business, and shall not sell or provide alcoholic beverages.
Nevertheless, at around 02:35 on January 27, 2014, the Defendant received and arranged 25,000 won per hour for a female-in-fact female-in-fact female-in-fact female-in-facted female-in-facted female-in-facted female-in-facted female-in-facted female-in-facted-in-law.
Accordingly, the Defendant violated the obligations of the karaoke machine business operator.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes to investigation reports, distribution-related business registration certificates, and field photographs;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (a) and 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)
1. The alleged defendant's sales of beer to E, but rejected the demand for delivery of beer, and E falsely filed a false report.
2. The following circumstances acknowledged by the evidence duly adopted and investigated in this court, namely, ① A consistently made a statement from the investigative agency to the purport that E sold the beer and arranged for a loan in a singing room operated by the Defendant from the investigative agency to the present court, and the statement was credibility because it was impossible to find out specific circumstances to make a false statement on the other hand (E specifically stated an increase in the beer loan at the investigative agency), and ② The amount settled by E at the time is 53.