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(영문) 의정부지방법원 2014.10.23 2014고정1302
음악산업진흥에관한법률위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Music Industry Promotion Act (2014 high-level 1302);

(a) Any person may be prohibited from running a singing practice room business without registration with a competent authority equipped with facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

Nevertheless, the Defendant, without registering with the competent authority from September 13, 2013 to January 19, 2014, installed a singing room in four guest rooms with the trade name of “D” from the Council-si C and the second floor, and provided a singing practice room for the use of unspecified multiple customers.

Accordingly, the defendant did not register with the competent authorities, and run a singing practice room business.

(b) No karaoke machine business operator of alcoholic beverages shall sell or provide any alcoholic beverage;

Nevertheless, around 04:00 on January 19, 2014, the Defendant sold 90 bottles worth 841,000 to four customers, including E, at the above singing practice room.

Accordingly, the Defendant sold alcoholic beverages in a singing practice room.

2. Violation of the Food Sanitation Act (2014 high-level 1332) The Defendant is a person who operates D’s “D” on the medical city C and the second floor.

A person who intends to run a singran business shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, but at around 02:0 on December 4, 2013, the Defendant, at around 02:0, had five automatic reflectrs devices and other business facilities, sold to customers F who find the place with five automatic reflectrs, and run a singing bar business without permission, such as selling alcoholic beverages of 35 stories to customers F who find the place, and having F sing in line with drinking and singing.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A protocol of suspect examination of G police officers;

1. Statement to E by the police;

1. A certificate of reporting production of video works;

1. Criminal report and investigation report;

1. Application of statutes on field photographs;

1. Article 34 of the Music Industry Promotion Act concerning criminal facts as well as Article 34 of the applicable law and the choice of punishment;

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