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(영문) 부산지방법원 서부지원 2017.09.25 2017고정151
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

Where the defendant fails to pay the above fine, 30 days shall be applied.

Reasons

Criminal facts

The Defendant, without registering with the competent authority from November 201 to March 10, 2017, run a singing practice room business by having the “C” in the underground space of the building located in the Busan Shodong-gu, Busan, which is an educational environment protection zone, and having the customers who find out the place, receive KRW 15,00 per hour from 15,00 per hour and using the singing machines.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes concerning guidance on school environment sanitation and cleanup zone to each detection site photograph;

1. Article 34(3)1, Article 18(1) (a) of the Music Industry Promotion Act (a point of business without registration) on criminal facts, Articles 16(1) and 9 subparag. 24 (a point of business within an educational environment protection zone) of the Act on the Protection of Educational Environment (a point of business within an educational environment protection zone);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a person who commits a violation of the Music Industry Promotion Act of which the quality of the crime is heavier);

1. Selection of an alternative fine for punishment;

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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