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(영문) 서울남부지방법원 2019.11.21 2019고단4249
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the competent authority;

Nevertheless, on July 12, 2019, the Defendant, without registering with the competent authority, operated a singing practice room business with approximately 125.4m2 in the name of “C” on July 12, 2019, equipped with approximately 125.4m2 in the guest room, namely, “C”, and operated a singing practice room business.

2. Any karaoke machine business operator shall be prohibited from selling or offering alcoholic beverages in singing rooms; and

Nevertheless, around 00:00 on July 12, 2019, the Defendant sold one can cans to two customers to 4,000 won, thereby violating the obligations of the karaoke machine business operator.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of business registration certificate, photographs at the sales site of alcoholic beverages;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34 (3) 1 and 18 (1) of the Act on the Promotion of Music Industry (a point of operation of an unregistered singing practice room), Articles 34 (3) 2 and 22 (1) 3 of the Music Industry Promotion Act (a point of provision of alcoholic beverages), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the criminal defendant committed each of the crimes in this case for his/her livelihood, although there are a lot of

1. Social service order under Article 62-2 of the Criminal Act;

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