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(영문) 인천지방법원 2017.07.14 2017고정997

음악산업진흥에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person may run a singing practice room business without filing for registration with the head of a Si/Gun/Gu.

Nevertheless, from February 2016 to December 31, 2016, the Defendant established a singing room with the trade name “C” without being registered with the competent authority from the third floor of Gyeyang-gu, Incheon Metropolitan City from the third floor, and operated a singing practice room business against many and unspecified persons, such as allowing them to enter the place of youth D (16 years) for 40 minutes on December 31, 2016 to receive 3,000 won and to put in singing in line with the anti-states.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on detection (the Music Industry Promotion Act), investigation report (whether the community slanders constitute a singing practice place business) (referring to review and reporting as to whether the community constitutes a singing practice place) and an investigation report (referring to review and reporting as to whether the community constitutes a

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant, the defendant, and his defense counsel asserted that the community of this case is merely a production business of music records and music video works, and it is not a singing practice book, and it does not operate a singing practice room business without registration.

2. "Person who runs a public morals business subject to regulation pursuant to Article 3 of the Act on the Regulation of Customs and Business," refers to a person who actually engages in a business that falls under the scope of the public morals business stipulated in Article 2 of the same Act without asking whether or not a business license has been authorized, registered, or reported in accordance with an individual law, and thus, he/she is equipped with a recording facility that cannot be seen in a general singing practice place and recorded his/her singing on the compact disc (ROM) or recorded on the recorded tape.