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(영문) 대전지방법원 2019.05.24 2019고단795
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a singing practice room business operator who operates a mutual singing of “Cing practice room” on the first floor of Seo-gu Daejeon Building.

1. Despite the fact that a karaoke machine business operator is required to employ a entertainment loan or not to act as a broker, the Defendant, at around January 23, 2019, assisted D and E to drink together with the said customer, or to provide entertainment services by singing or dancing, upon the request of customers on his/her name in the said singing practice room.

2. Despite the fact that a karaoke machine business operator is not allowed to sell or provide alcoholic beverages, the Defendant sold a total of seven cans to customers under his/her name on the date and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, E, or D;

1. Reporting on the arrest of a case and investigation;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 3 (a) of the Music Industry Promotion Act (a point of alcoholic beverage sales) of the same Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes for a violation of the Music Industry Promotion Act due to loan assistance with heavy punishment);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same kind of criminal records on several occasions, however, the criminal records of the defendant are not weak, in depth of his/her mistake has been divided, and the present period has closed his/her singing practice

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