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(영문) 수원지방법원 안양지원 2013.11.29 2013고정938
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates 'D' on the first floor of the military building C in Mapo-si.

Any person who intends to run a singing practice room business shall register with the Mayor.

Nevertheless, around 00:23 December 2, 2012, the Defendant provided a video-competing device that allows customers E to singing without musical instruments, and operated a singing practice room without registration by providing them with a fee of KRW 10,000 for 30 minutes and a singing practice room.

Summary of Evidence

1. E statements;

1. Application of statutes on site photographs;

1. Articles 34(3)1 and 18(1) of the Music Industry Promotion Act regarding criminal facts

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

1. The defendant and his defense counsel asserted that the defendant's business does not constitute a singing practice room business. As such, Article 2 (1) 13 of the Music Industry Promotion Act provides that the defendant's business is a singing practice room business with the equipment such as video or non-video-reciling apparatus, etc. which allow singing in line with the classical order and provides the public for use. As long as the defendant had operated a singing practice room business with a video-reciling device and received a fee of KRW 10,000 per 30 minutes from a video-reciling device, he produced video products with a fee of KRW 25,00, or registered business with a music record or music video-making business as a type of business that produces music products.

It is clear that the music industry constitutes a singing practice room business as defined by the Music Industry Promotion Act.

Therefore, the above argument is not accepted.

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