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(영문) 수원지방법원 2013.09.05 2013고정711

음악산업진흥에관한법률위반

Text

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

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

Reasons

Punishment of the crime

On November 11, 2012, the Defendant operated a singing practice room business without registering the singing practice room business with the trade name “D” from the Suwon-si, Suwon-si, Suwon-si C2, without registering the singing practice room business. On November 11, 2012, the Defendant operated a singing practice room without registration, such as providing the customers E, etc. who have opened this place with singing practice machines using singing practice machines, and providing two caner operators with 18,000 won.

Summary of Evidence

1. Legal statement of witness E;

1. Reports and written statements of E preparation;

1. Videos and investigation reports of CDs (Analysis of video data);

1. Application of statutes on business registration certificates;

1. Article 34 (3) 1 and Article 18 (1) of the Music Industry Promotion Act concerning facts constituting an offense, the choice of a fine, or a fine;

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

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that since the defendant's operation of a video phonogram room is not operated, it does not constitute a violation of the Music Industry Promotion Act.

According to the above evidence, the actual contents of the defendant's business operation are "business with and providing them for public use with the facilities such as video or non-video reflector, etc. which enable people to sing to sing in line with the musical instruments without any musical instruments," and it constitutes a singing practice room business under Article 2 subparagraph 13 of the Music Industry Promotion Act. Thus, the above argument is rejected.