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(영문) 수원지방법원 안산지원 2015.11.17 2015고단2697
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Defendant A is a person who operates a singing practice room.

Any person who runs a singing practice room business shall be prohibited from selling or offering alcoholic beverages to customers who have access thereto.

On August 22, 2015, around 20:30, by selling cans(a) 13 cans(a) and 52,000 won per unit (4,000 won per unit) to customers who have access to a singing practice room located in B and 1st underground in light of light lighting time, thereby violating the rules of practice of business operators.

Defendant A of the 2015 Highest 3001 is a person who operates a karaoke machine.

Any person who runs a singing practice room business shall be prohibited from selling or offering alcoholic beverages to customers who have access thereto.

On September 4, 2015, around 21:0, around 21:00, customers having access to the K Kinginging room located in B and 1st underground level violated the rules of practice by selling cans, 10 cans, 8 Lings (4,000 won per opening) and 72,000 won.

Summary of Evidence

"2015 Highest 2697"

1. Defendant's legal statement;

1. Registration certificate and on-site photographs 201Nomen301;

1. Defendant's legal statement;

1. Application of statutes on site photographs;

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

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 is that: (a) the Defendant was punished four times from 2012 to 2014 by a fine for the same kind of crime; (b) the Defendant committed another crime; (c) the Defendant was aware of and reflects his/her criminal act; and (d) the Defendant appears to have offered singing to no longer engage in singing practice; and (c) the Defendant’s age, health conditions, environment, and conditions after the crime, etc. shall be determined by comprehensively taking into account all the factors for sentencing on the instant case, including the following factors.

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