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(영문) 인천지방법원 2020.02.11 2019고정2565
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant reported to the competent authority that he/she operates the music record and music video production business with the trade name “C” in Michuhol-gu, Incheon, and underground, but the substance of the report is a person who hangs up a signboard “D” and operates a singing practice room.

Any person who intends to operate a singing practice room shall be equipped with necessary facilities and shall register with the competent authority.

Nevertheless, around August 2, 2019, the Defendant run a singing practice room against customers who visited the said establishment without being registered with the competent authority from August 4, 2016 to August 2, 2019, by providing the said establishment with a place to allow three customers under the name-free “D” to sing and enjoy amusement.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of photographs of business signboards and entrances);

1. Application of Acts and subordinate statutes (No. 4,8) of each photograph;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Articles 18 (1) of the same Act concerning facts constituting an offense and Article 34 (3) 1 of the same Act concerning the selection of punishment (to select a fine in general);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in recognizing and opposing the instant crime.

The Defendant appears to have reported the closure of the existing “C” and currently transferred a singing practice room.

(A) According to the evidence submitted by the Defendant on January 17, 2019, the registration of the name F was completed as “E” (hereinafter “E”). In addition to these circumstances, the Defendant’s age and criminal records, previous criminal records, motive means of crime, circumstances after crime, etc., and the sentencing conditions indicated in the instant arguments and records shall be determined as indicated in the order.

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