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(영문) 수원지방법원 2019.01.16 2018고단6233
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates a “Cking practice room” located in G in the period of harmony.

Any karaoke machine business operator shall neither arrange for a entertainment loan, nor sell nor provide alcoholic beverages.

Nevertheless, around 22:00 on May 31, 2018, the Defendant had D, E, and F enter the above singing practice room operated by the Defendant with three male customers in the name of the male customer who found the place, and allowed them to sing and singing while drinking together, and encourage them to provide three male customers in the above name of the defendant, with 34,000 won per market price and 4 clicks.

Accordingly, the defendant arranged a entertainment loan and provided alcoholic beverages.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for D, F, and E;

1. Application of statutes, such as site photographs;

1. The punishment of each of the crimes under Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (the point of good offices for adjacent loans), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (the point of sales of alcoholic beverages) and the selection of each of the imprisonment penalties;

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;

1. The fact that the sentencing period under Article 62-2 of the Social Service Order Criminal Act has been imposed several times with the previous conviction, the defendant's confession of the crime of this case and reflects the defendant's family relationship, etc.

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