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(영문) 수원지방법원 2013.10.18 2013고단3686
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

Criminal facts

1. Any person who intends to run a singing practice room business shall complete registration with the head of a Si/Gun/Gu having facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

Nevertheless, from March 12, 2013 to April 18, 2013, the Defendant run a singing practice room business against many and unspecified persons in the name of the guest room C, without registering the 407 and 408 of the building Heung-gu B, Young-si, Chungcheongnam-si with the G City Mayor from March 12, 2013.

2. Any karaoke machine business operator shall be prohibited from selling or providing any alcoholic beverage by his/her karaoke machine business operator;

Nevertheless, it can be seen.

On April 18, 2013, around 00:28, the Defendant sold and provided two canss to customers D, equivalent to the market price of 8,000 won, which is alcoholic beverages, at the place of the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Application of each prosecutor's protocol of statement to D and F;

1. Article 34 (3) 1, Article 18 (1) (the occupation of a karaoke machine business and the choice of imprisonment), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act (the occupation of alcoholic beverage sales and the choice of imprisonment) concerning criminal facts;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for suspended sentence”) is that the defendant committed the instant crime, even though he had the record of being punished several times due to the same kind of crime at the same place of business, there is a need for the punishment.

However, considering the favorable circumstances that the defendant reflects the defendant, and that the defendant has no sentence, the punishment was determined by considering the age, character and conduct, environment, and circumstances after the crime.

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