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(영문) 서울서부지방법원 2018.06.15 2018고단1425

교육환경보호에관한법률위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who violates the Music Industry Promotion Act shall be equipped with facilities for singing practice, which are prescribed by Ordinance of the Ministry of Information and Communication, and shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, from July 8, 2017 to March 19, 2018, had four rooms and singing machines with the trade name “C” in Seodaemun-gu Seoul, Seodaemun-gu, Seoul from around July 8, 2017 to around March 19, 2018.

2. No person who violates the Educational Environment Protection Act shall engage in any activity or install any facility that constitutes a singing practice room business in an educational environment protection zone;

Nevertheless, from July 8, 2017 to March 19, 2018, the Defendant operated a singing practice hall with the trade name of "C," which is located in the educational environment protection zone B in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, within a distance of 59 meters from D elementary schools and 59 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 34 (3) 1, Article 18 (1) of the Music Industry Promotion Act (the occupation of running a music practice room business without registration, the selection of fines), Article 16 (1) and Article 9 (24) of the Educational Environment Protection Act (the occupation of running a music practice room business within an educational environment protection zone, the selection of fines) on criminal facts;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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