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(영문) 서울남부지방법원 2017.05.26 2017고단1543
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

1. Any person who intends to run a singing practice place business shall have facilities for singing practice, which are prescribed by Ordinance of the Ministry of Information and Communication, registered with the head of a Si/Gun/Gu;

Nevertheless, between September 2, 2016 and March 14, 2017, the Defendant, with the trade name “C” from B-2 in Guro-gu Seoul to “C,” and approximately KRW 143 square meters, operated a music practice place business without registering with the competent authority, with one singing practice place facilities, such as one set, two waves, and one table.

2. No person shall sell or provide alcoholic beverages to a singing practice room business operator;

A. Nevertheless, around 16:00 on February 19, 2017, the Defendant sold 40 cans worth KRW 160,000 in total against customers D, E, etc. at the above place.

B. Nevertheless, around March 14, 2017, the Defendant sold two cans equivalent to a total of 8,000 won at the market price against customers F in the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E-document;

1. Written accusation prepared by the head of the Gu (2017-00347);

1. A written statement of the accuser;

1. A statement prepared in F;

1. A certificate of reporting production of music records or music video works;

1. Business registration certificate;

1. Application of Acts and subordinate statutes on the interior photographs of business;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)1, 18(1) (in the case of running the business of using unregistered singing practice establishments) of the Act on the Promotion of Music Industry, and Articles 34(3)2 and 22(1)3 of the same Act (in the case of selling alcoholic beverages by singing practice establishments), and each choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act (including the fact that the criminal defendant is divided, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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