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(영문) 전주지방법원 2017.12.15 2017고단1624
음악산업진흥에관한법률위반
Text

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.

Reasons

Punishment of the crime

Defendant is a person who operates a singing practice hall in the name of “D” in Jeonju-si C (one story underground).

1. A person who intends to carry on a non-registered singing practice room shall be equipped with a facility for singing practice as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without registering with the competent authority from April 14, 2017 to June 21, 2017, operated a non-registered singing practice room business by installing each video reflect machine, etc., which allows singing in six units of the said D from around June 14, 2017 to around June 21, 207, and having many and unspecified customers receive at least 20,000 won per hour.

2. No music practice room business operator who offers alcoholic beverages shall provide alcoholic beverages;

Nevertheless, around June 21, 2017, the Defendant provided 4 beer (1,600ml) to the customers who were found in the above D's unique 6 heading room.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Reporting on detection of violation of the Music Industry Promotion Act (sale of alcoholic beverages);

1. A report on investigation;

1. Application of Acts and subordinate statutes to the entrances of reported certificates, singing practice centers, internal photographs, and field photographs of alcoholic beverages;

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)1, 18(1) (the fact that a person conducts the business of singing practice room without registration, the choice of imprisonment), Article 34(3)2, and Article 22(1)3 (the fact that a person provides alcoholic beverages by singing practice room business operators and the choice of imprisonment) of the Music Industry Act on criminal facts;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Determination on the assertion by the Defendant and the defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders

1. The facts charged in this case are alleged by the defendant and his defense counsel.

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