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(영문) 수원지방법원 2018.05.16 2018고단883
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business that operates a singing practice hall with the trade name “C” in Suwon-si B.

1. No person who engages in singing practice room business shall arrange a loan for entertainment;

Nevertheless, at around 23:00 on February 1, 2018, the Defendant arranged to provide a loan by allowing the Defendant to provide three hundred thousand won per hour to the above singing practice room operated by the Defendant, D, and E, and allowing them to enter the place of the meeting with the F of the guest who found the place of the meeting and G, and to provide a entertainment service by allowing them to engage in singing while drinking, and encourage them to provide entertainment to customers.

2. A singing practice room business operator shall not sell or provide alcoholic beverages;

Nevertheless, the Defendant sold six cans to F and G in 18,00 won, which found the date, time, place, and place described in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A statement prepared by the F;

1. Application of statutes on site photographs;

1. Articles 34(2), 22(1)4 (a) of the Music Industry Promotion Act (the point of a contact loan) and Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act concerning criminal facts, and the choice of imprisonment, respectively;

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. Taking into account the following factors: (a) the Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, has a history of criminal punishment for the same offense between 2007 and 2015; and (b) the Defendant, who led to the confession of the instant crime, is against the Defendant.

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