A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name “C” on the first floor of Eunpyeong-gu Seoul Metropolitan Government.

Any person who intends to run a singing practice place business shall be equipped with a facility 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 February 10, 2018, the Defendant, at around 01:18, run a singing practice room business by installing video reflectrs, etc. without being registered with the competent authorities, and having customers whose name is not known, receive 20,000 won per hour from the clients who are not aware of the name.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On-site photographs and singing photographs at the time of detection (the defendant and his/her defense counsel asserted that the defendant was engaged in the production of music records and music video works and that the defendant was not engaged in the business of singing practice place.

According to the above evidence, Defendant 1 installed a music record and music video production device in the above “C” and provided it to the USB if the customer wishes, etc., but this is limited to 30 to 40% of the total amount, and it can be acknowledged that Defendant 1 operated a singing practice room business that ordinary customers have singing in line with the musical instruments.

We do not accept the above argument.

Application of Statutes

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 62 (1) of the Criminal Act on the suspended execution;

1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: The above “C” has a history of having been sentenced to the punishment of a fine for engaging in a singing practice room business without being registered with the competent authority four times, and all the circumstances, such as the Defendant’s age, sex, environment, motive, background, means and consequence of the crime, and the circumstances after the crime.