beta
(영문) 수원지방법원 안산지원 2018.10.24 2018고단2994

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant is a person who actually operates the “C” in Ansan-gu, Annsan-si, Annsan-si.

A person who intends to operate a singing practice room business shall be equipped with a facility for singing practice prescribed by Ordinance of the Ministry of Culture and Tourism and shall register with the head of the Si/Gun/Gu.

On June 18, 2018, the Defendant had a facility to sing in line with musical instruments and operated a singing practice room business without registering it in “C”.

2. No music practice room business operator who provides alcoholic beverages shall sell or provide alcoholic beverages;

On June 18, 2018, the Defendant provided 4 cans equivalent to KRW 4,00 per cans to four customers under the name of “C”, which was found as customers, at around 23:30 on June 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Relevant photographs;

1. Application of statutes to a certificate of reporting production of music records or music video works;

1. Article 34 (3) 1, Article 18 (1) (unregistered), Article 34 (3) 2, and Article 22 (1) 3 (Sale of Alcoholic Beverages) of the relevant Act on the Promotion of Music Industry concerning facts constituting an offense;

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. It is so decided as per Disposition under Article 62(1) of the Criminal Act on the grounds of above Article 62(1) of the Criminal Act (i.e., the defendant has six identical criminal records and has been sentenced to a suspended sentence for the same criminal records in 2016, and the defendant has not good quality of crimes such as opening a certificate of reported community slander in the name of another person and operating a business).