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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one may continue to conduct business, in violation of an order to suspend a karaoke machine business.
Although the Defendant was ordered to suspend business from September 22, 2018 to October 31 of the same year by selling alcoholic beverages and arranging a entertainment loan from the annual government office on September 21, 2018, the Defendant continued to engage in business in violation of an order for suspension of business, such as having a customer D, who found the instant singing practice room on October 17, 2018 during the period of suspension of business, receiving the usage fee from the customer D, and allowing him to sing down, etc.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of partial police officers of the accused;
1. Notification of violations of a public morals place of business (C) and reporting on detection of illegal places of business;
1. Fire-proof report (as to the circumstances and conditions at the time of enforcement and control), - On-site photographs;
1. Application of Acts and subordinate statutes to investigation reports, telephone conversations of suppliers, investigation reports (to listen to field recording files), investigation reports (to attach reports, such as official announcements related to business suspension);
1. Relevant Acts concerning facts constituting an offense and Articles 34 (3) 3 and 27 (1) of the Music Industry Promotion Act ( Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. The instant crime on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not set in sentencing guidelines.
Although the defendant has recently been punished two times or more due to the violation of the Music Industry Promotion Act, he/she again commits the crime of this case is disadvantageous to the defendant.
The fact that the defendant has no record of crime exceeding the fine and that the defendant seems to have an attitude to recognize and reflect the fact of crime is more favorable.
In addition, the circumstances, such as the background, means and methods of the crime of this case, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, which are shown in the records and pleadings of this case, shall be determined as the sentence as ordered in full view of the various circumstances that are the conditions