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(영문) 수원지방법원 2014.04.17 2014고정116
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice room in the trade name of "D" from 301, 302 of the Kuung-gu C building in Young-gu, Young-gu.

1. Any person who intends to run a singing practice room business in violation of the Music Industry Promotion Act (the point of business of a singing practice room business) shall have facilities specified by Ordinance of the Ministry of Culture, Sports and Tourism for singing practice room business registered

Nevertheless, on September 28, 2013, the Defendant operated a singing practice room business without registering a singing practice room business with the competent authorities, by installing automatic reflectrs, screen equipment for captioning, microphones, etc., which allow a large number of unspecified customers who have taken the place of business to singing out at 20,000 won and receiving facility usage fees of 30,000 won from 20,000 won.

2. Any karaoke machine business operator who violates the Music Industry Promotion Act (a point of sale of alcoholic beverages) shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, around September 28, 2013, the Defendant sold cans, which are alcoholic beverages, to one customer on his name, at the above singing practice room 3 studio around September 28, 2013.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. A protocol of partial police interrogation of the accused;

1. Application of statutes on site photographs;

1. Article 34 (3) 1 and Article 18 (1) of the Music Industry Promotion Act concerning criminal facts; Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act; the selection of fines for negligence;

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

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel reported the sound records, music video production business, and lawfully conducted the sound records, music video production business, and singing practice room.

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