A. In light of the legal principles, the Defendant, at the competent tax office, registered the type of business with "music video and music record planning" and completed a report on sales of alcoholic beverages. Therefore, the lower court erred by misapprehending the legal principles, which convicted the Defendant on the ground that he operated a non-registered singing practice room and sold alcoholic beverages to customers, thereby affecting the conclusion

B. The lower court’s sentence (2.5 million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. Article 18 (1) of the Music Industry Promotion Act provides that "any person who intends to run a singing practice room business" shall be registered with the head of the competent Si/Gun/Gu with the facilities of the singing practice room business, and Article 22 (1) 3 of the same Act provides that "no person shall sell or provide alcoholic beverages due to the matters to be observed by the singing practice room business operator." Since a singing practice room business operator regulated in the above Act refers to a person who actually engages in the business belonging to the "sing practice room business" as defined in Article 2 (13) of the same Act, the type of the business of a singing practice room business shall be registered as a "music image, sound planning," and the report of sales of alcoholic beverages shall be completed.

Even if the actual contents of the business are "to provide them to the public with the facilities such as the video or non-cinematographic reflectr, etc. which enable them to singing in line with the musical instruments without the musical instruments," the business constitutes "singing practice room business" under Article 2 (1) 13 of the above Act and is subject to regulation under Article 18 (1) and Article 22 (1) 3 of the above Act.

According to the evidence duly adopted and examined by the court below, the defendant, according to the type of business, is a music video and sound record planning, and even after the business registration is completed, the defendant receives a set of fee per hour and has customers do the video.