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(영문) 수원지방법원 안산지원 2017.07.07 2017고정583
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice room business in the name of "C community Slander" in the Gu of Ansan-si.

Any person who intends to run a singing practice place business shall be equipped with facilities for singing practice prescribed by Ordinance of the Ministry of Culture and Tourism and shall register with the head of a Si/Gun/Gu.

Nevertheless, on March 10, 2017, the Defendant, without registering with the head of the competent Si/Gun/Gu, provided the head of the competent Si/Gun/Gu with a singing voice to customers under his/her name who found the above C community slander on March 10, 2017, and sold cans 16 cans per unit for 4,000 won and run a non-registered singing practice place business.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. The Defendant asserts to the effect that a report on the production of related photographs, sound records, music video works, a certificate of business registration, an investigation report (report on the closure of the C Practice Place) / (the Defendant, after having a separate facility for producing sound records, has been installed and operated after completing a report on the production of sound records and music video works, did not run a "sing practice place business" without registration.

However, even though a general singing practice place is equipped with a facility that cannot be seen in the general singing practice place, the customer sought to store his singing and images in the storage medium, or reported to the competent authority as “production of music video products” under the trade name that “maring music.”

Even if the actual contents of the business are to receive entrance fees or facility usage fees by installing facilities, such as video reflectrs, so that customers can sing in line with the musical instruments without the musical instruments (the defendant himself also stated by the police that "the customers were entering the instant place of business and did not produce music for the purpose of singing and play mainly)" and the business is defined as "Article 2 subparagraph 13 of the Music Industry Promotion Act."

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