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(영문) 광주지방법원 2019.11.20 2019고정445
음악산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a karaoke machine business operator who operates “C” on the second floor of Gwangju Northern-gu B, and operates the above community in the form of a singing practice room business.

1. On April 7, 2019, the Defendant running a singing practice room business without registration: (a) around 5, 2019, with singing practice room facilities such as singing machines, video-power monitors, and microphones, the Defendant run a singing practice room business without registration in the above Section C from October 31, 2018 to April 7, 2019, by having 7-8 customers who were found to be customers sing down with singing practice rooms; (b) having them run a singing practice room business without registration with the competent authority; and (c) having them equipped with the singing practice room facilities and provide many unspecified customers with singing with singing practice room facilities to pay fees to them for the use of images.

2. On April 7, 2019, the Defendant: (a) received and sold 80,000 won in total, including the 10 Kascker’s disease and the 10,000 won of the 10 Kascer’s disease; (b) around 20:30,000 customers who were found to be customers; and (c) violated the rules of practice of a karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Food Sanitation Act), field photographs, etc.;

1. Application of Acts and subordinate statutes to notify criminal suspects related to authorization and permission;

1. Articles 34 (3) 1 and 18 (1) of the Music Industry Promotion Act (a point of operating a singing practice room without registration) concerning facts constituting an offense, Article 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of providing alcoholic beverages), and selection of a fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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