음악산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. The court below, which recognized the violation of the Music Industry Promotion Act when the defendant was found to run a singing practice room business even though the defendant did not run a singing practice room business or a music video product production business, has erred in misunderstanding of facts and misunderstanding of legal principles.
2. Whether a business establishment falls under a singing practice room or a music-video production facility shall be determined on the basis of the substance of the business, such as what the form of the business is and what the main profit is generated in return for the provision of any service;
However, if the main profit of the business takes place through the singing practice service, it is deemed that such business activity constitutes a singing practice business regardless of whether it has been reported to the production of music records or music video products.
The following circumstances acknowledged by the record, namely, D, which had been a customer at the time of the Defendant’s singing video production room, had been in the instant singing video production room to drink alcoholic beverages and singing, and D and their behaviors have been aware of the instant singing video production room as a general singing practice room. The Defendant did not inform D and their behaviors of the method of video production, and the Defendant did not inform D and their behaviors of the method of video production, and other types of music production room’s appearance and facilities, signboard display, and alcoholic beverage sales, the substance of the instant singing video production room appears to constitute a singing practice room business.
Therefore, the judgment of the court below which convicted the defendant of the facts charged of this case is just and it cannot be said that there is an error of mistake of facts or of law as pointed out by the defendant.
3. If so, the defendant's appeal is without merit.