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(영문) 청주지방법원 2018.06.28 2017고단2608
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date of the pronouncement of this judgment.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant appealed to a fine of KRW 2,00,000 for a violation of the Music Industry Promotion Act by the Cheongju District Court on the charges of violating the Music Industry Promotion Act. On July 14, 2017, the judgment of the first instance court was reversed and sentenced to a fine of KRW 2 million. The judgment of the appellate court became final and conclusive on October 31, 2017.

Criminal facts

The Defendant is a person who operates a singing room in the name of “C” on the Cheongju-si B and 3rd floor.

1. Any person who intends to run a singing practice place business shall be equipped with facilities for singing practice, which are prescribed by Ordinance of the Ministry of Information and Communication, and shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without registering with the head of Heung-gu Office from July 15, 2017, up to September 1, 2017, up to 40 square meters of the above “C”, installed seven video singing bars and video producers, and provided customers with the fee of KRW 25,00 per hour from each customer, and provided them with the said room and singing voice, etc. so that the Defendant is engaged in the singing practice room business.

2. No karaoke machine business operator who sells alcoholic beverages shall sell or provide alcoholic beverages;

Nevertheless, around 02:00 on September 1, 2017, the Defendant sold 7 can cans to customers D and E with 28,000 won, thereby violating the obligation of the singing practice implementer.

3. No person shall drink alcoholic beverages with customers in a singing practice place, or arrange guests to provide entertainment services by singing or dancing with intent to make a profit;

On the condition that the defendant shall pay 30,000 won per person at the date, time, and place specified in paragraph 2, the defendant assisted two persons of a non-name-free will be engaged in entertainment in D and E rooms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Control photographs;

1. A previous conviction in judgment:

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