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(영문) 인천지방법원 2018.02.08 2018고정300

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in the name of Gyeyang-gu building B, 201, 202, "C community slander".

1. Any person who intends to run a singing practice place business without registration shall be equipped with facilities for singing practice, which are prescribed by Ordinance of the Ministry of Information and Communication, and shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not register with the competent authorities, from July 5, 2016 to September 12, 2017, operated a singing practice room business by having many and unspecified customers receive 10 million won per 10 minutes of singing and have them receive 1,000 won for singing in each room by installing 13 rooms against the above C community from around July 5, 2016 to September 12, 201.

2. The hours prescribed by Presidential Decree for sing practice room business operators who violate the matters to be observed by juveniles other than the hours for admitting juveniles shall be prohibited from allowing juveniles to enter other than the hours for admitting juveniles from 22:00 to 09:00 the following day.

Nevertheless, from around 22:00 on September 12, 2017 to 23:10 on the same day, the Defendant allowed two juveniles, such as D(n, 16 years of age), and two juveniles E(n, South and 18 years of age) from the 13th room to enter each of the above C community 10 times, and allowed them to sing over 1,00 won per 10 minutes and to sing over 1,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to a report on detection, each field photograph, business registration certificate, investigation report (a copy of whether the community slanders correspond to a singing practice room), investigation report (E telephone conversations), investigation report (Attachment to related lower court precedents), investigation report (whether the matters to be observed by a person who has violated the rules of a singing practice room business operator are premised on a singing practice room business operator who has registered the violation);

1. Article 34(3)1 of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts and Article 18(1)2 of the Act on the Promotion of Music Industry and Article 34(3)2 and Article 22 of the Music Industry Act.