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(영문) 광주지방법원 2014.11.28 2014고정2116
음악산업진흥에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room business with the trade name of "D" in Gwangju North-gu C.

Any person who runs such a singing practice room business shall not sell or offer alcoholic beverages at his place of business.

Nevertheless, at around 20:30 on September 25, 2014, the Defendant sold 20,000 won to two customers E, etc. in the instant singing practice room.

Accordingly, the defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. Articles 70(1) and 69(2) of the Criminal Act (one day: 100,000 won);

1. The reason for sentencing under Article 59(1) of the Criminal Act (the suspended punishment: fine: 700,000 won) shows the attitude of the Defendant to recognize and reflect the instant crime. At the time, the Defendant: (a) purchased and provided drinking outside the defect; and (b) appears to have been kept only in drinking water at the cooling house in the said singing practice room (see, e.g., page 13 of the Investigation Records); (c) the Defendant, when operating a singing practice room alone in a small scale without good health, is making it difficult for the Defendant to take into account all the circumstances, such as the fact that the Defendant was subject to a disposition of suspension of business for 10 days due to the instant crime, and that the Defendant had no criminal history at all, to take the Defendant’s preemptive action only once, by taking into account all the circumstances, such as the following: (a) the Defendant’s operation of the said singing practice room alone on a small scale, even though it is not good for the health of the Defendant.

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