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(영문) 서울동부지방법원 2018.04.24 2018고정157
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall in the name of “C” on the first floor of the building underground in Songpa-gu Seoul Metropolitan Government.

1. A person who intends to operate a singing hall business without registration shall be equipped with a facility for singing practice, which is prescribed by Ordinance of the Ministry of Information and Communication, and shall register with the head of a Si/Gun/Gu;

Nevertheless, on November 16, 2017, the Defendant did not register a singing practice room with the competent office, and around 22:00, at the above “C”, the Defendant operated a singing practice room by installing a video reflective device in six rooms and providing it to many and unspecified customers for use.

2. No sales singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, the Defendant sold 12 sicks to customers with no name in the date and place under Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the production of photographs, music records, or music video works;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)1, 18(1) (unregistered singing practice place business), Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act, and the selection of fines for each crime;

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. In light of the sentencing conditions indicated in the instant trial, it does not seem that the amount of fine prescribed in the summary order is excessive even considering the following: (a) the Defendant’s reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is highly likely to be subject to criminal punishment on the grounds of the same kind of crime; (b) the details of enforcement and sales of alcoholic beverages are not considerable.

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