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(영문) 인천지방법원 부천지원 2017.09.15 2017고단1685
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who operates a singing practice hall with the trade names "Sacheon-gu B and "C Sing practice hall", may not sell alcoholic beverages in his/her place of business.

Nevertheless, around July 17, 2017, the Defendant violated the code of practice by selling and providing 6 cans per cans to customers D, etc. with 4,000 won per cans, and selling and providing 6 cans to customers D, etc. around 21:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

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

1. Although there is a record of being punished for the same kind of crime on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the sentence is determined as ordered by comprehensively taking account of the following factors: (a) recognizing and reflecting the crime; (b) not committing the same crime in the future; and (c) the nature, circumstances, and degree of violation, etc. of the crime.

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