음악산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the Defendant’s business of “Cinging practice room” (hereinafter “Cing practice room”) is not a singing practice room business, but a music record and music video production business, and the Defendant sells alcoholic beverages at the place of business with a permit to sell alcoholic beverages.
Nevertheless, the judgment of the court below that convicted the charged facts of this case is erroneous and adversely affected by the conclusion of the judgment.
2. An ex officio determination prosecutor filed an application for amendment to a bill of amendment to the indictment with the content that “as of June 23, 2013:00” was changed to “as of March 1, 2014:3:0,” and the subject of the adjudication was changed by this court’s permission, the judgment of the court below cannot be maintained in this respect.
On the other hand, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal, and this is examined below.
3. Judgment on the defendant's assertion of mistake of facts
(a) The definitions of terms used in this Act under Article 2 of the Music Industry Promotion 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 a business that provides the general public with facilities, such as video or non-cinematographic reflectrs, which enable persons to sing in line with musical instruments without any musical instruments, and provides the general public with such facilities;
B. The following circumstances acknowledged by the judgment of the court below and the court below based on the evidence duly admitted and examined by the court below, namely, ① The actual contents of the instant singing practice room’s business are divided into several parts, so that customers can sing in line with the musical instruments without the musical instruments.