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(영문) 대전지방법원 공주지원 2019.09.06 2019고단264
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 one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2019, the Defendant, who operates a singing practice room with the trade name of “C singing practice room” on the first floor of B B in a city of an official capacity, provided two customers, such as D, such as D, at the said singing practice room around 06:40 on February 12, 2019, even if the Defendant did not sell or provide alcoholic beverages.

Summary of Evidence

1. Defendant's legal statement;

1. Details of calculation of expenses;

1. Application of statutes on site photographs;

1. Article 34 (3) 2 of the Music Industry Promotion Act and Articles 22 (1) 3 and 22 (1) 3 of the same Act concerning criminal facts and the choice of imprisonment;

1. The decision shall be made in consideration of the following facts: (a) two times the reasons for sentencing under Article 62(1) of the Criminal Act; and (b) two times the last time of the sentence; and (c) more than three months;

However, the execution of the sentence is suspended because there is no other criminal punishment power against the defendant and there is room for giving him an opportunity to repent.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the records, such as the defendant's age, character and conduct, environment, occupation, family relationship, etc. and various sentencing conditions shown in the trial process.

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