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(영문) 서울남부지방법원 2018.08.16 2018고정512
식품위생법위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Based on the facts acknowledged by the evidence duly adopted and investigated by this court, the facts charged were appropriately revised to the extent that it does not infringe the defendant's right to defense.

The Defendant is a person who reports the production of music records and music video works in the name of “C” on the first underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and actually operates a singing practice room business.

On December 21, 2017, the Defendant, around 22:00, sold the cans, which are alcoholic beverages, to eight customers, D, etc., and violated the code of practice of a singing practiceman.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Voluntary accompanying report (Article 2 subparag. 13 of the Music Industry Promotion Act refers to a business that provides the general public with the facilities, such as video or without images, which allow the public to singing in line with musical instruments without having a musical performer. This refers to the business that actually carries on the business falling under the foregoing provision without asking for the existence or form of authorization or registration or report under individual laws.

Therefore, even if a person, who is equipped with the production facility that cannot be seen in a general singing practice place, produces and provides video works to customers who wish to do so, or reports the production of music records and music video works, if the actual contents of his/her business are equipped with the facilities such as video or non-cinematographic press equipment to provide singing in line with the musical instruments without the musical instruments and receives admission fees or facility usage fees, the business constitutes “sing a singing practice place business” as provided by the above provision (see Supreme Court Decision 98Do1128, Jul. 10, 1998); and even in cases where a singing practice place operator who did not have registered his/her singing practice place business sells alcoholic beverages to customers, he/she is punished by Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act.

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