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(영문) 수원지방법원 2018.11.13 2018고단4851
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The Defendant is a person who operates a “D’s singing practice hall” in Suwon-gu C.

A singing practice room business operator shall not sell or provide alcoholic beverages, and shall not arrange for a loan for entertainment.

Nevertheless, at around 22:50 on June 30, 2018, the Defendant sold a car cans to E, who is a customer from the above place, for KRW 4,000, and received KRW 30,000 per hour from E, and had F, who is a female entertainment entertainment entertainment entertainment entertainment, drink with E, or provide entertainment to customers by singing or dancing.

Accordingly, the Defendant sold alcoholic beverages and arranged a entertainment loan, thereby violating the code of practice of the practice hall operator.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each E statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(2), 22(1)4 (a) and 34(3)2 and 22(1)3 (a) of the Music Industry Promotion Act concerning facts constituting an offense, and the choice of imprisonment;

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. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006);

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