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(영문) 서울서부지방법원 2015.11.05 2015고정1127

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has reported the production of music records and music video products with the trade name of "D" from the Eunpyeong-gu Seoul Metropolitan Government C branch, and actually operates a singing practice room business.

Any person who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the competent authority.

Nevertheless, from May 10, 2014 to March 12, 2015, the Defendant did not register with the competent authorities in the above place, and installed a video reflectr device in the 8 room with the trade name “D” and operated a singing practice room business against many and unspecified persons.

Summary of Evidence

1. Part of the police interrogation protocol of the defendant

1. Application of Acts and subordinate statutes to report generation (Violation of the Music Industry Promotion Act), photographs, records and music video production reports, certificates of reporting production of music records and music video production, request for administrative disposition (D), suspect A telephone statement hearing, and hearing of F phone statements in the E-district of the Eunpyeong Police Station;

1. Article 34 (3) 1 and Article 18 (1) of the Music Industry Promotion Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. All the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character, conduct and environment, etc., for the reason of sentencing under Article 186(1) of the Criminal Procedure Act to bear litigation costs, and the Defendant, on May 1, 2014, was sentenced to a fine on the charge of violating the Music Industry Promotion Act, etc., and the Defendant has the records of being punished twice for the same crime as the instant crime,