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(영문) 수원지방법원 2020.05.15 2019고정1912
음악산업진흥에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice room business violating the Music Industry Promotion Act for running any unregistered singing practice room business shall have his/her facilities specified by Ordinance of the Ministry of Culture, Sports and Tourism registered with a competent authority, and no one shall run a singing practice room business without registration;

Nevertheless, the Defendant does not register with the competent authority on September 3, 2019, and the Defendant’s video summary with the trade name “C” on the B and the 2nd floor of the Sungsung-si around September 3, 2019.

On the other hand, they run a singing practice room business by receiving 30,000 won per hour for customers who have found their places, and having them sing down to the video conference.

2. Any karaoke machine business operator who violates the Music Industry Promotion Act for the sale and provision of alcoholic beverages is prohibited from selling or providing alcoholic beverages, and the Defendant is a karaoke machine business operator who runs a karaoke machine business with the trade name of “C”.

Nevertheless, around 00:45 on September 3, 2019, the Defendant received 4,000 won per opening to customers D, etc. and sold 8 canss.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the written statements prepared in D;

1. On-site photographs and materials;

1. The application of statutes governing a certificate of reporting production of music records or music video products;

1. Article 34 (3) 1, Article 18 (1) (hereafter referred to as "unregistered singing practice room business"), Article 34 (3) 2, and Article 22 (1) 3 of the Music Industry Promotion Act concerning facts constituting an offense, and Article 34 (3) 1, Article 18 (1) of the Act on the Selection of Music Industry (hereafter referred to as "not-registered singing practice room business"), the selection of fines for negligence;

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

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

1. The fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the crime of this case is favorable to the defendant.

On the other hand, although the defendant had been punished several times for the same crime, he/she again committed the crime of this case.

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