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(영문) 부산지방법원 동부지원 2016.11.09 2016고단1774
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2016, at around 20:30, the Defendant sold to D, which was operated by the Defendant on the first floor under the underground floor of the building B in Suwon-gu, Busan, the Defendant sold to D, who was a customer, five diseases and one disease per week for 20,000 won, and had E, who was a female entertainment loan, receive KRW 30,000 per hour, drink with the above D, and drink and drink with drinking.

Accordingly, the Defendant violated the obligation of a karaoke machine business operator by selling alcoholic beverages and arranging a entertainment loan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Notification of violations of public morals business offices, reports on the control of public morals business offices, crackdown on the violated business places, and application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 34 (3) 2, 22 (1) 3 (the point of providing alcoholic beverages), and 34 (2) and 22 (1) 4 (the point of providing adjoining loans) of the Music Industry Promotion Act (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. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the crime of this case is committed by selling alcoholic beverages in singing rooms and arranging entertainment receptions, and the degree of violation is not less strict, and that the defendant has a majority of the previous facts and conditions.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - Multiple Offenses: Not set the sentencing criteria

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