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(영문) 부산지방법원 2017.07.13 2017고정1053
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. A person who intends to run a singing practice room business in violation of the Music Industry Promotion Act shall register with the head of the competent Gu;

Nevertheless, the Defendant did not register with the head of the competent Gu on June 19, 2015, from around March 20, 2017 to around March 20, 2017, operated a singing practice room business providing facilities to customers who had four rooms with four rooms in which the facilities for singing practice have been installed and who had found a place of business with a certain amount of money.

2. No person in violation of the Educational Environment Protection Act shall operate a business to provide the general public with the facilities, such as video or non-cinematographic reflectrs, which enable people to sing to sing with singing with no musical instruments without musical instruments, in an educational environment protection zone;

Nevertheless, at around 22:25 on March 16, 2017, the Defendant operated a singing practice room with the name of “C” located in D Middle Schools and in the educational environment protection zone located at a distance of 130.34m, and the name of “C” among six rooms, the Defendant was equipped with video reflectors, microphones, and tables, and provided the facilities to allow unspecified customers to sing.

Accordingly, the Defendant, as seen above, operated a singing practice room business with facilities, such as video or non-cinematographic reflectrs, which enable people to sing in line with the musical environment protection zone without having any musical instruments, and provide them to the public for use.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. All on-site photographs;

1. Application of the Acts and subordinate statutes to investigation reports and detection reports;

1. Article 34(3)1 and Article 18(1) of the Music Industry Promotion Act (a) of the same Act on criminal facts; Article 16 and Article 9 Subparag. 24 of the Educational Environment Protection Act (a located within an educational environment protection zone).

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