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(영문) 청주지방법원 2019.10.30 2019고단1704
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 business with the trade name of “Cing practice room” on the second floor of the petition-gu B.

Any karaoke machine business operator shall be prohibited from selling or providing alcoholic beverages, and shall also arrange a loan for entertainment.

Nevertheless, at around 22:50 on August 12, 2019, the Defendant sold 5,000 won to each customer D in the instant singing practice room (2:50,000) in a PT disease and received 25,000 won from the said D at one hour, and the Defendant arranged for a entertainment loan by having female contact E drink drink drink and drink with the said D.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to field photographs, certificates of registration of singing practice room business, and receipts;

1. Article 34 (3) 2 of the relevant Act and Articles 22 (1) 3 of the Music Industry Promotion Act (the point of sale of alcoholic beverages, the choice of imprisonment), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act concerning facts constituting an offense (the point of arranging adjacent loans and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. From one month to four years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. Six months of imprisonment with prison labor for a decision of sentence, two years of suspended sentence, and two years of suspended sentence: Circumstances favorable to the defendant who has the same kind of power: the defendant seems to reflect the case in light of the above circumstances, such as the age, character and conduct, environment, motive, means and result of the crime, and the circumstances before and after the crime shall be determined as ordered by the order

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