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(영문) 수원지방법원 안산지원 2019.01.24 2018고단4127
음악산업진흥에관한법률위반
Text

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 of “C” in Si interesting City B.

Any karaoke machine business operator shall neither employ nor arrange a entertainment loan, nor engage in entertainment, nor sell or provide alcoholic beverages.

1. Crimes on January 23, 2017;

A. At around 05:30 on January 23, 2017, the Defendant arranged to provide entertainment services to customers by entering one room, together with E, who is a male grandchild, and who is a director of a singing practice room, after receiving a request from a male grandchild, provided that the Defendant arranged to provide entertainment services to customers by singing and dancing.

B. The Defendant, at the above date and place, provided 20 cans cans which are alcoholic beverages to the said customers.

2. The crime committed on September 13, 2018;

A. On September 13, 2018, the Defendant: (a) around September 19:27, 2018, through the request of the FF, assisted the Defendant to provide entertainment to customers by singing and dancing while drinking alcoholic beverages together with the F.

B. The Defendant, at the above date and place, provided 8,00 won of the market price of alcoholic beverages to the said customers at the above time and place. 2 cans of cans of alcoholic beverages.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Recording recording recording and reporting;

1. Application of Acts and subordinate statutes on a petition;

1. Selection of imprisonment with prison labor, taking into account the fact that there is a history of punishment sentenced to a fine of four times for the same crime, such as Article 34 (2) and Article 22 (1) 4 (a) of the Music Industry Promotion Act, Article 34 (3) 2 and Article 22 (1) 3 (a) of the Music Industry Promotion Act, and Article 22 (1) 3 (a) of the same crime;

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

1. A suspended sentence of Article 62(1) of the Criminal Act does not run a singing practice room business in the future.

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