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(영문) 수원지방법원 2014.04.02 2013고단7074
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became 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 “C” from the third floor of the B 3th in the period of harmony.

1. On July 26, 2013, around 01:51, the Defendant arranged a loan by having two customers, including D and one other, receive 25,000 won per hour and receive 25,000 won per hour for the purpose of making a profit-making.

2. The Defendant sold alcoholic beverages by receiving four cans per cans of beer and selling alcoholic beverages to one customer other than D at the above date, time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement, a written petition, an occasional request note, and a written report;

1. Application of the receipt statute

1. Relevant provisions for facts constituting an offense, Articles 34 (2), 22 (1) 4 (a) and 34 (3) 2 and 22 (1) 3 (a sales of alcoholic beverages) of the Music Industry Promotion Act, and the choice of imprisonment, respectively;

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

1. In light of the fact that the crime committed once again was committed despite the past record of a fine of the same kind in the grounds for sentencing under Article 62(1) of the Criminal Act (see the grounds for the suspended sentence), the sentence shall be suspended, taking into account the fact that the sentence is chosen but there is no past record of the suspended sentence or higher;

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