logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.12.19 2014노3302
음악산업진흥에관한법률위반
Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by a fine of nine million won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair penalty) is an excessive and unfair penalty for Defendant A (hereinafter referred to as a fine of KRW 11 million).

B. The facts charged of this case are based on the premise that A engaged in a singing practice room business. Since A, not a singing practice room business, did not constitute a crime against the Defendant.

In addition, the defendant operated the store of this case separately from A.

2. Judgment on the mistake of facts and misapprehension of legal principles by Defendant B

A. The lower court also asserted the same as the grounds for appeal of this case.

1) First, in light of the following circumstances, the lower court deemed that A had a video planning device and reported it to the competent authority in order to avoid the crackdown on illegal business, and it was determined that A had engaged in a singing practice room business on the ground that A had engaged in a singing practice room business while actually engaging in singing practice business. A) The “G” (hereinafter referred to as the “instant business”) operated by A (hereinafter referred to as the “G”) had the same facilities as the normal singing practice, except for those with a device that stores sing images.

B) At the time of crackdown, the employees of the instant business made a statement to the effect that “not only had any customer who demanded to make and deliver the future images as CDs,” and “at the time of their service” (C) the employees of the instant business establishment engaged in the instant business activities, such as attempting customers to make a singing reservation or singing together with customers, etc.

2) Next, in full view of the following circumstances, the lower court acknowledged that the Defendant conspired with A to sell alcoholic beverages at the instant establishment, and that the Defendant aided and aided A’s non-registered singing practice room business by selling alcoholic beverages in the vicinity of the instant establishment. A)

arrow