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(영문) 서울동부지방법원 2020.04.22 2019고단3873
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 room with the trade name of “Cing practice room” on the first floor of Gangdong-gu Seoul Metropolitan Government.

1. Any person who intends to run a singing practice room business shall complete registration with the head of a Si/Gun/Gu having facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

On November 1, 2019, the Defendant, at around 19:30, run a singing practice room business, such as installing six singing rooms in the instant singing practice room and reporting it to the competent authorities as a music record and music video production business, and allowing customers to sing in the singing practice room business by receiving KRW 20,000 per hour from the customers who found the place.

2. Any karaoke machine business operator who provides alcoholic beverages shall not sell or provide alcoholic beverages to customers;

On November 1, 2019, the Defendant provided two customers with two cans equivalent to KRW 8,000, in the above C K 104 room around November 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (to hear D phone statements for reference);

1. Business registration certificate;

1. Application of statutes on site photographs;

1. Article 34 (3) 1, Article 18 (1) of the Music Industry Promotion Act (the point of business of a non-registered singing practice room), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act (the point of business of a singing practice room) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The Defendant committed the instant crime even though he/she was sentenced to imprisonment with prison labor for not more than February 8, 2018 and one year of suspended execution on February 20, 2018 at the Seoul Eastern District Court, which became final and conclusive on February 20, 2018, and was sentenced to several fines for the same kind of crimes.

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