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(영문) 인천지방법원 부천지원 2017.06.23 2017고단994
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 with the trade name “C Sing practice hall” in Gyeonggi Kimpo-si B.

No singing practice room business operator shall sell or provide alcoholic beverages.

Nevertheless, at around 22:30 on April 10, 2017, the Defendant received 18,000 won from D and one customer, and provided 2 cans for beer and one customer, and provided 8,000 won to E and one customer, and provided 2 cans for beer in the above singing practice room No. 3, and sold alcoholic beverages by providing 26,00 won to 2 customer, whose name is not known in the above singing practice room No. 5.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to field photographs and singing practice place business registration certificates;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, in light of the circumstances unfavorable to the Defendant who committed the instant crime even though the Defendant had been punished six times or more for the same kind of crime, such as the fact that the Defendant led to confession and reflects by the Defendant, and the fact that the quantity of alcoholic beverages sold is relatively minor, the sentence like the order shall be determined by taking into account the various factors of sentencing as shown in the instant argument.

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