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(영문) 대전지방법원 서산지원 2021.02.08 2020고정304
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is the owner of a singing practice room B.

1. No person shall sell or offer alcoholic beverages as a singing practice room business operator, or arrange for a loan for entertainment;

Nevertheless, on August 14, 2020, the Defendant arranged two-hours of 60,000 won per hour to the customers who visited “B singing practice hall” located in Jinnam-si, Jinnam-si, and sold 4 cans of 20,000 won per hour.

2. No one shall sell or offer alcoholic beverages as a singing practice room business operator;

Nevertheless, on September 29, 2020, the Defendant sold 7 cans equivalent to 35,000 won to customers who visited the above “B singing practice place” around 00:00.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written request for the investigation of his/her oral statement, internal investigation report and investigation report (the investigation of images submitted by the truth-finding person);

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) of the Act on the Promotion of Music Industry (which means an arrangement for a loan in a singing practice room), Article 34(3)2 of the Music Industry Promotion Act, and Article 22(1)3 of the Act on the Promotion of Music Industry (which means an occupation of alcoholic beverages in a singing practice room), and each of the fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) was that the Defendant violated the statutory requirements of the Defendant as a practice hall operator in two instances.

However, the defendant has no record of punishment for the same kind of crime, and the last criminal record is the long time in 194.

The purpose of this case is to impose sanctions on violation or prevent further violation, even if the sing practice place received by the defendant does not exceed the amount of alcoholic beverages sold by the defendant, and the purpose of this case is to prevent further violation.

The decision is judged.

In addition, the age, sex, environment, and this case.

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