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(영문) 수원지방법원 안산지원 2018.11.15 2018고단2703
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 sing practice hall operator who operates “C” under the underground of the building located in the building located in the Dong-gu, Ansan-si.

No singing practice room business operator shall sell or provide alcoholic beverages or arrange a loan for entertainment.

Nevertheless, on April 13, 2018, the Defendant provided two cans to D and E, which are customers, at around 22:10, the above singing practice room (VIP 1), and arranged to provide customers with two cans to contact with D and E on the condition that they provide 35,000 won per hour at the request of the above customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Selection of imprisonment, taking into account the relevant Article of the Act on the Promotion of Music Industry, Article 34(3)2 of the Act on the Promotion of Music Industry, Article 22(1)3 of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Article 34(2) and Article 22(1)4 of the Music Industry Promotion Act (a sales of alcoholic beverages), and Article 22(1)4 of the Act on the Promotion of Music Industry, and two times the same kind of electricity;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (a favorable circumstance, such as the absence of any record of punishment exceeding half and fine).

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