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(영문) 수원지방법원 안산지원 2013.09.16 2013고정1382

음악산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has reported the production of music records and music video products in the name of "C" in Ansan-si, a member B, and actually operates a singing practice room.

1. Any person who intends to run a singing practice room business shall complete registration with the head of a Si/Gun/Gu having facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

Nevertheless, the Defendant, without registering with the competent authority from September 11, 2012 to June 8, 2013, operated a singing practice room business, with five rooms installed in the area of approximately 150 square meters in the above “C” from around September 11, 2012 to around June 8, 2013, and equipped with the facilities capable of singing, such as video and microphones, and had them receive basic usage fees of KRW 20,00 per hour from customers who find out the facilities.

2. Any karaoke machine business operator of alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage at his/her karaoke machine business;

Nevertheless, around 03:42 on June 8, 2013, the Defendant sold three cans, which are alcoholic beverages, to customers who are alcoholic beverages 3,00 won per alcoholic beverage.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. Each photograph;

1. Application of the business registration certificate and reporting certificate for production works;

1. Article 34 (3) 1, Article 18 (1) of the Music Industry Promotion Act (the point of running a singing practice room business without registration and the choice of fines), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act (the point of selling alcoholic beverages in a singing practice room business and the choice of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;