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(영문) 대구지방법원 포항지원 2017.09.13 2017고단954
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 two years 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 in the name of “Csing practice hall” on the south-gu B and the second floor at port.

1. No singing practice room business operator shall employ any entertainment loan nor arrange any entertainment service;

Nevertheless, on June 22, 2017, the Defendant: (a) paid KRW 30,00 per hour to D, D, and E in the instant singing practice place; (b) and (c) had D and E play music together with two customers and arrange for a entertainment loan.

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

Nevertheless, the defendant received 28,00 won from two customers at the same time, place as described in Paragraph 1, and sold cans 6 cans, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of statutes on site photographs;

1. Relevant legal provisions for facts constituting an offense, Articles 34(3)2, 22(1)3 (a) of the Music Industry Promotion Act, Articles 34(2) and 22(1)4 (a) of the Music Industry Promotion Act, and the choice of imprisonment (in consideration of the fact that there are eight preceding crimes of the same kind in total);

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 suspended execution;

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