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(영문) 수원지방법원 2018.08.21 2018고단3685
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in Suwon-si B and underground.

A singing practice room business operator shall not sell or provide alcoholic beverages, and no person shall assist any third person in drinking alcoholic beverages together with customers, singing or dancing with customers, for the purpose of profit-making.

At around 00:30 on February 28, 2018, the Defendant sold 20,000 won in total to D alcoholic beverages, two alcoholic beverages, three cans, three cans, and mediated E to provide entertainment to customers by drinking alcoholic beverages together with D, singing or dancing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Voluntary accompanying report;

1. Application of the business registration certificate, photographic (Creing), registration certificate of distributor, and photographic Acts and subordinate statutes on the control site;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2 and 22(1)3 (a) of the Act on the Promotion of Music Industry (a sales of alcoholic beverages), Articles 34(4) and 22(2) of the Music Industry Promotion Act (a broker for entertainment for the purpose of interest), 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. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is likely to be criticized in that the Defendant, who operates a singing practice place, sells alcoholic beverages in the singing practice place, violates the matters to be observed by the singing practice place, and arranges the entertainment in the singing practice place for profit-making purposes, and the nature of the crime is not negligible, but the Defendant committed the crime of this case, even though he had been punished five times by a fine for the violation of the Music Industry Promotion Act for the past ten years, even though he had been punished for the violation of the Music Industry Promotion Act.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant.

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