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(영문) 서울서부지방법원 2014.11.27 2014고단2841
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to operate a singing practice room business without registration shall register with the competent authority. However, the Defendant, without registering with the head of Yongsan-gu Seoul Metropolitan Government from April 26, 2014 to September 15, 2014, installed a singing practice room on seven occasions with the trade name “C” from Yongsan-gu, Yongsan-gu, Seoul and the third floor, and operated a singing practice room for many unspecified customers.

2. Any karaoke machine business operator of a part of alcoholic beverage sales shall be prohibited from selling or providing any alcoholic beverage;

Nevertheless, at around 22:40 on September 15, 2014, the Defendant sold two canss equivalent to the market price of 6,000 won to customers under his/her name in a singing practice room as described in paragraph (1).

Accordingly, the Defendant violated the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

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

1. Reporting on detection;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 34 (3) 1, Article 18 (1) (the occupation of a karaoke machine business and the choice of imprisonment), Article 34 (3) 2, and Article 22 (1) 3 (the occupation of alcoholic beverage sales and the choice of imprisonment) of the Music Industry Promotion Act on criminal facts;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal circumstances, such as the fact that the defendant reflects his mistake and has completed the registration with the competent authority after the instant case);

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