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(영문) 청주지방법원 2018.08.30 2018고정349
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice room business without registration shall be equipped with facilities for singing practice, which are prescribed by Ordinance of the Ministry of Culture and Sports, and shall register with the head of a Si/Gun/Gu;

Nevertheless, on February 17, 2018, the Defendant, without registering with the competent authorities, engaged in a singing practice room business, such as having customers singing out by using singing instruments, etc. from “C” located in the public interest center B at the public interest center B, which is located in the public interest center B.

2. A singing practice room business operator who sells or offers alcoholic beverages to his/her singing practice room business operator shall not sell alcoholic beverages at his/her establishment;

Nevertheless, around February 17, 2018, the Defendant violated the code of practice by selling two cans to customers in 10,000 won and selling two cans to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Letters of D;

1. A criminal investigation report (allowing a suspect to raise an objection, etc.);

1. A detailed statement of the processing of reported cases;

1. The certificate of reporting the production of music video works -C;

1. Internal photographs of the business place;

1. Application of the receipt statute

1. Article 34(3)1, Article 18(1) (a) of the Music Industry Promotion Act (a point of operation of a music practice place without registration) on criminal facts, Article 34(3)2, and Article 22(1)3 (a) of the Music Industry Promotion Act (a point of operation of a music practice place) on criminal facts, and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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