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(영문) 서울중앙지방법원 2020.11.02 2020고정1414
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room in the name of “C” from Seocho-gu Seoul Metropolitan Government’s Seocho-gu and underground floors.

Any person who intends to run a singing practice room business shall be equipped with facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si

Nevertheless, from March 15, 2018 to April 8, 2020, the Defendant created 11 rooms at the instant “C” singing practice room, and had an unspecified number of customers found by installing singing practice room installed in each room so that they can singing with singing practice using singing practice machines and received user fees.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to report (verification as to whether a singing practice room business is registered) the criminal's D self-written statements, written statements, written off to customers;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that: (a) the Defendant was punished seven times by a fine for a violation of the Music Industry Promotion Act; (b) the Defendant was indicted for committing a crime of running a singing practice room business without registration from January 2015 to December 2017; and (c) the Defendant again committed the instant crime even after receiving a summary order (Seoul Central District Court Decision 2018 High Court Decision 2262) of a fine of two million won on March 14, 2018; (c) the Defendant operated a singing practice room business without registration; (d) not only operated the singing practice room, but also sold alcohol and alcohol to customers (which seems to have not been prosecuted against this case). However, there are various kinds of reasons for sentencing as shown in the arguments and records, such as the Defendant’s age, Defendant’s method and consequence of the instant crime, etc.

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