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(영문) 청주지방법원 2017.04.26 2016고정919
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

Any person who intends to operate a singing practice room business shall have facilities for singing practice prescribed by relevant Acts and subordinate statutes and shall register with the competent authority.

The Defendant operated “E”, a business establishment reporting the production of music video works under the name of the Defendant’s wife C and 2 of Seocho-si, and reported the production of music records and music video works (productions: music video works, music video files, and music video files) by installing singing machines with video recording, audio and video editing, singing voice functions, etc.

However, since the defendant did not directly produce music video works, etc., and the defendant has operated a type of singing practice room business by inducing customers to sing with money and singing, the above E constitutes a singing practice room business.

Nevertheless, on September 11, 2016, from around 22:00 to 23:00, the Defendant had three juveniles enter the above E E 11 room, including F (the remaining, 15 years of age), his friendship G (the remaining, 15 years of age), H (the remaining, and 15 years of age) and run a singing practice room business.

Summary of Evidence

A written confirmation of the police interrogation protocol of the defendant's partial statement, a written business registration certificate for inquiry of facts, and the application of the statutes governing the production report.

1. Article 34 (3) 1 of the Music Industry Promotion Act and Article 18 (1) of the same Act concerning facts constituting an offense, and Articles 34 (3) 1 and 18 of the same Act concerning the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Determination on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant operated a singing practice hall with the trade name of “E” and closed the singing practice hall on August 31, 2016 and reported the production of music video works in the same place. As such, the Defendant carried out singing practice rather than a singing practice room business.

2. Determination 1) Using a singing video production device.

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