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(영문) 수원지방법원 2015.05.13 2014노5423
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had been engaged in the production of music records and music video products as reported to the competent authority in D, and did not run a singing practice room business in the above music video production room.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the evidence duly adopted and examined at the lower court and the following circumstances acknowledged by the above evidence are divided into several types: ① each room has the structure and form of a singing practice room is very similar to that of a general singing practice room; ② even around February 21, 2014, the Defendant’s non-registered singing practice room business was controlled by the non-registered singing practice room business at around 21:40, the Defendant was running a singing practice room business at the same time as ordinary singing practice room business; ② on February 27, 2014, the Defendant’s two male male members were running a singing practice room business at around 23:30, 2014; ② on the ground that the Defendant’s trade partner operated a singing practice room business without registration at the singing practice room business without permission, the Defendant appears to have been punished by a fine of KRW 201,215,2015, and ③ on the ground that the Defendant was punished by a fine of KRW 2015,2015.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unreasonable sentencing, the crime of this case was committed by the Defendant without being registered and running a singing practice room business, and the crime was not good, and the Defendant also identical before the instant case.

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