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(영문) 부산지방법원 2016.07.07 2016고정1643
음악산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to engage in a singing practice room business shall be equipped with a facility for singing practice and shall register with the competent authority.

Nevertheless, the Defendant, without registering with the competent authority from October 20, 2015 to January 15, 2016, operated a practice hall in which the Defendant, without having registered with the competent authority, equipped with the reflectrs, etc., which allows an unspecified customer to sing down in line with the reflectrs without having any 6 lines connected with each other, from the first floor of the B building in Busan Dong-gu B, and with the trade name of “C,” and operated a practice hall in which the Defendant, at one hour, 10,000 to 30,000 won, received music from an unspecified customer.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection);

1. Article 34 (3) 1 of the Music Industry Promotion Act and Article 18 (1) of the same Act concerning facts constituting an offense, and Articles 34 (3) 1 and 18 of the same Act concerning the selection of fines;

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 argues that the Defendant’s argument on the Defendant’s argument is that his business does not constitute a singing practice room business. As such, Article 2 subparag. 13 of the Music Industry Promotion Act provides for the business of singing practice room for the business of providing the public with the facilities, such as video or non-cinematographic playing devices, which allow singing in line with the classical order, and provides the business of providing the public for use. As long as the Defendant provided the business of receiving a fee of KRW 15,00 per hour from a person who is equipped with an anti-ray device, he reported the production of music video products, and registered the business as a music practice business of producing music video products.

It is clear that this constitutes a singing practice place business as provided by the Music Industry Promotion Act.

Therefore, the above argument is not accepted.

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