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(영문) 의정부지방법원 고양지원 2014.04.16 2014고정293
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” under Article 201 of the Seongdong-gu Seoul Metropolitan Government B Building 201.

1. Any person who intends to run a singing practice room business in violation of the Music Industry Promotion Act relating to a singing practice room business shall complete registration with the head of the competent Si/Gun/Gu after having facilities for singing practice room business under relevant Acts and subordinate statutes;

Nevertheless, from January 17, 2012 to July 9, 2013, the Defendant did not register with the head of the competent authority, and installed a video reflectr device in the area of 40 square meters in the trade name of “C” and operated a singing practice room business against many and unspecified persons.

2. Any karaoke machine business operator who violates the Music Industry Promotion Act related to sales of alcoholic beverages shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, at around 02:20 on July 9, 2013, the Defendant sold to customers D four cans cans, four bes, and two-five thousand won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Cinematographic room photographs;

1. The application of Acts and subordinate statutes to question whether a report on the production of music records or music video products or a report on the production of music video products falls thereunder;

1. Article 34 (3) 1, Article 18 (1) (a) of the Music Industry Promotion Act (a point of a non-registered singing practice room business), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act (a point of sale of alcoholic beverages), and the selection of fines for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account all the circumstances, including the fact that there are many persons having the same kind of history in sentencing under Article 334(1) of the Criminal Procedure Act, and the business period;

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