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(영문) 서울중앙지방법원 2018.07.10 2018고단2811

음악산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On May 10, 2017, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court to the offense of violating the Music Industry Promotion Act, and such criminal records are ten times in total.

[Criminal facts] The Defendant is a person who operated a film production business from around December 2, 2005 to the first floor of Seoul Jung-gu, Seoul, and the first floor of underground, with the trade name "C".

1. No person may engage in the business of singing practice without being registered with any competent authority, in violation of the Music Industry Promotion Act;

Nevertheless, the Defendant, without registering with the competent authority on April 19, 2018, installed 7 studio in “C” and operated a singing room business to receive 20,000 won per hour from unspecified customers.

2. No music practice room business operator who violates the Music Industry Promotion Act shall sell or provide alcoholic beverages;

Nevertheless, the Defendant provided three studios to customers whose name is unknown at the time and place specified in Paragraph 1, and sold 2 cans for beer, which are alcoholic beverages, to 8,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Photographs of the business establishment and alcoholic beverages;

1. C Certificate of reporting;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)1, 18(1) (the occupation of the practice place business without registration), 34(3)2, and 22(1)3 of the Act on the Promotion of Music Industry and the Selection of Imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are favorable to the fact that there are many records of punishment for the same kind of crime are recognized and reflected, and the scale of business is relatively relatively relatively.