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(영문) 의정부지방법원 2014.10.30 2014고정1322
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant did not register a singing practice room business, and from November 30, 2012 to November 19, 2013, the Defendant installed a singing practice room business in six guest rooms with the trade name of “D” at the stores of the Council C and the second floor underground of the building located in the Dong-si from November 30, 2012 to November 19, 2013.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. A E-document;

1. A report on investigation;

1. Application of statutes on field photographs;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that "D" operated by the defendant (hereinafter "the business of this case") is only a business place which has lawfully reported the production of music records or music video products pursuant to Article 16 of the Music Industry Promotion Act and is not a business place for singing practice room business.

2. Determination

A. Article 2 of the Music Industry Promotion Act (hereinafter “ Music Industry Promotion Act”) defines “music record and music video production business” as “business of planning, producing, reproducing, or reproducing music records, music files, music video products, and music video files” (Article 8), and defines “singing practice room business” as “business of providing music to the public with facilities, such as video or non-cinematographic reflectrs, which enable the public to sing in line with the musical instruments without the musical instruments,” and “sing practice room business” (Article 13).

In addition, Article 16 (1) of the Music Industry Act imposes on those who intend to run a music record and music video production business in principle, but does not aim to provide them for distribution viewing without covering many people.

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