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(영문) 의정부지방법원 2014.07.07 2014고정147

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

On August 28, 2013, the Defendant: (a) around 21:26, the Defendant: (b) operated a singing practice room business without registering the said trade name with the competent authority while operating the singing practice room business, with a video reflective device that allows the Defendant to sing in line with musical instruments from “Dsing video production room” operated by the Defendant; and (c) had the Defendant receive KRW 20,000 per hour from E and get the Defendant to sing in line with musical instruments; and (d) operated the singing practice room business.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Partial statement of the police statement concerning F;

1. Each description and image of a receipt, business registration certificate, and video CD;

1. Application of each Act or subordinate statute stated in inquiry reports, such as criminal records, pre-disposition records, results of confirmation, and investigation reports (the same type of criminal records and attachment of judgment);

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

1. Articles 70 (1) 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;

1. Determination on the Defendant’s assertion of Articles 186(1) and 191(1) of the Criminal Procedure Act, which bear litigation costs

1. The defendant asserts that the defendant's assertion that he was not a singing practice room business under Article 2 subparagraph 13 of the Music Industry Promotion Act, but a music record and music video production business under subparagraph 8 of the same Article.

2. The definitions of terms used in this Act shall be as follows:

8. The term "music record and music-video production business" refers to a business that plans and produces or copies music records, music files, music video products, or music video files (hereinafter referred to as "music record and music-video files");

13. The term "singing practice room business" refers to any singing practice room business without employing any persons who have a musical instruments in line with the musical instruments;