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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 becomes final and conclusive.
Reasons
Criminal facts
The Defendant was operating a singing practice room with the trade name of “C” of No. 209 of the building B atHanam-si:
1. A person who intends to run a singing practice room business is registered with the competent authority, but intends to run a singing practice room business for many unspecified customers, such as juveniles D (the age of 17), by installing six rooms in the area of about 60 square meters in the above place from August 23, 2013 to November 23, 204:00 of the same year, and setting them into each room, and then running a singing practice room business without registration against many unspecified customers, including juveniles D (the age of 17).
2. Although the hours for admitting a singing practice room as prescribed by the Presidential Decree (from 9:0 p.m. to 10 p.m.), a person violated his/her obligations by allowing a singing practice room business operator to use 20,000 won at the said singing practice room from 03:30 on Nov. 23, 2013 to 04:00, the said singing practice room from 03:30 on Nov. 23, 2013, including juveniles D (the age of 17).
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E, D, F, and G;
1. A report on the control of a business place;
1. On-site photographs;
1. Application of statutes on business registration certificates;
1. Article 34 (3) 1, Article 18 (1) (a) of the Music Industry Promotion Act (a point of a non-registered singing practice room business), Article 34 (3) 2, and Article 22 (1) 2 of the Music Industry Promotion Act (a point of access to juveniles) concerning facts constituting an offense, 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. Article 62(1) of the Criminal Act (see, e.g., Reasons for sentencing)
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has already been punished by a fine several times due to the same type of crime, and in addition, the crime of this case has already been committed, and the nature of the crime is not good, such as allowing the juveniles to enter and leave, and the risk of recidivism has deteriorated, and a fine shall be imposed in consideration of the unfavorable circumstances.