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(영문) 대전지방법원 2014.11.06 2014고정1470
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

B is the business owner who operates a singing practice room with the trade name of "D" on the second floor of Daejeon Pung-gu C building, and the defendant is the employee of the said singing practice room.

Any person who intends to run a singing practice room business shall have facilities for singing practice room business registered with the head of the competent Si/Gun/Gu pursuant to relevant statutes.

Nevertheless, on December 19, 2013, the Defendant, without registering a singing practice room business, installed five singing rooms with a scale of 30 square meters. On December 23:25, 2013, the Defendant, at the above place of business, sold and provided five cans, five cans, 35,000 won, one cans, and 35,00 won, and the Defendant, at the above place of business, operated a singing practice room business without registration, such as having one customer E and one other, attend with the said customer.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes to report E;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Articles 18 (1) of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 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 of the provisional payment order is that even if the defendant had the same criminal record, it is inevitable to strictly punish the crime of this case.

However, the defendant is led to the crime as a substantial owner of the business, and is not considered to have led to the crime.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the punishment is determined as ordered.

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