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(영문) 인천지방법원 2016.08.18 2016고단1595
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

The Defendant reported to the competent authority that he/she operated the production of music records and music video works in the name of “D” in the Nam-gu Incheon Metropolitan City’s Nam-gu C underground. However, the Defendant is a person who sets up a signboard “E” and operates a singing practice hall.

Any person who intends to operate a singing practice hall shall be equipped with necessary facilities and shall register with the competent authority.

Nevertheless, around January 26, 2016, the Defendant engaged in the singing practice room business against customers who visited the said establishment without being registered with the competent administrative agency from December 20, 2014 to January 26, 2016, by providing the said establishment with a place to allow four customers with no name-free customers and enjoy amusement.

Summary of Evidence

1. Statement by the defendant in court;

1. Certificates of report on the production of music records and music video works, and business registration certificates;

1. Photographs (this business office);

1. Application of Acts and subordinate statutes to the Control Report on Customs Business Place and Investigation Report (Attachment to the Investigation Report related to this case);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant’s reason for sentencing under Article 62(1) of the suspended sentence is not short of the period in which the Defendant runs a non-registered singing practice room business, and that the Defendant repeats the same kind of crime even though the period of punishment has been

However, the fact that the defendant recognizes his own crime, closes the business of this case and does not repeat the crime, and that there is no record of punishment exceeding the fine, etc. shall be considered as favorable circumstances, and the records of this case, such as character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., all of the sentencing conditions as shown in the records and arguments after the crime, shall be determined as ordered.

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