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(영문) 의정부지방법원 2019.11.21 2019고단3057
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates a “Cinging machine” on the second floor of the Guri-si building B.

1. No karaoke machine business operator shall sell or provide any alcoholic beverage;

Nevertheless, around June 29, 2019, the Defendant sold eight cans to customers D in the above singing practice room around 23:20 on June 29, 2019.

2. No karaoke machine business operator shall employ any entertainment loan or arrange such loan;

Nevertheless, the Defendant, at the same time and time as the above paragraph (1) of this Article, received a demand from the said singing practice room from customers D, etc. to provide a contact loan of KRW 25,00 per hour, and arranged a contact loan by allowing two other than the above singing practice room E to enter the above singing practice room and drink together with the above D.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of statutes governing a certificate of registration of field photographs and singing practice room business;

1. Article 34 (2) and Articles 22 (1) 4 (a) and 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, the pertinent provision of the relevant Act and Articles 34 (2) and 22 (1) 4 (a) of the Act on the Promotion of Music Industry (the occupation of alcoholic beverage sales and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime:

3. Unfavorable circumstances: The circumstances favorable to the defendant again committed the instant crime although he had been punished for the same kind of crime force six times: The confession of the instant crime;

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