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(영문) 전주지방법원 2018.08.09 2018고단550
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to run a singing practice place business shall be equipped with facilities for singing practice prescribed by Ordinance of the Ministry of Culture and Tourism and shall register with the head of a Si/Gun/Gu.

Nevertheless, the Defendant did not register with the competent authorities, from October 15, 2017 to April 11, 2018, run a practice hall business by having the facilities such as singing machines, etc. installed in the “D” located in the Seongdong-gu Seoul metropolitan area and having many and unspecified customers sing out.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (related to the scene of mobilization);

1. E statements;

1. Application of Acts and subordinate statutes to a written petition and a written statement;

1. Article 34 of the Act on the Promotion of Music Industry and Selection of Punishment for Criminal Facts and Articles 34 (3) 1 and 18 (1) (generally, selection of imprisonment with prison labor);

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has a history of criminal punishment for violating his/her obligations, such as prohibition of the sale of alcoholic beverages, by running a registration singing practice room.

The instant crime was committed by reporting the production of music records and music video works and operating it as a singing practice place and operating it as a non-registered singing practice place. It is more regulated that the Defendant reported the production of music records and music video works at an investigative agency to operate singing practice place than registering as a singing practice place business.

was stated to the effect that the decision was determined.

In addition, the defendant continued to engage in the same kind of business even after the control over non-registered singing practice place business, and was found again, and was engaged in the sale of alcoholic beverages at the time of detection of two times.

In the end, the Defendant attempted to avoid any matter to be observed by the registered singing practice room by using the franchise points of the law while operating a variety of singing practice hall.

may be seen.

The details of the above crime and the violation continues even after the first crackdown.

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