logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.09.04 2018고단564
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall in the name of "Csing practice hall" in Gangseo-gu Busan.

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

Nevertheless, from September 17, 2017 to November 24, 2017, the Defendant installed 4 rooms in the area of about 28 square meters in the instant singing practice place, and installed a studio, chair, and singing practice machine at each room, and operated a singing practice place with an average of KRW 100,000 per hour, including where 10,000 won per hour is charged to unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes to photographs on violations;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act includes the criminal records of the same kind, including those for which two or more suspended sentence was sentenced for the same offense, and the defendant continues to engage in the registered singing practice place at the same place for a long time, the defendant shall be punished strictly.

However, in light of the circumstances favorable to the defendant, such as the confession and reflect of the crime, and the fact that the defendant does not repeat again, the punishment as ordered shall be determined by taking into account the defendant's age, sexual conduct, environment, motive and means of the crime, and various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.

arrow