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(영문) 청주지방법원 2017.10.13 2016고단2012
음악산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, on July 21, 2016, the Defendant, without registering with the head of the competent Gu, operated a singing practice room with the trade name “D” located in Seocho-gu, Seocho-gu, and operated a singing practice room in the room 20 rooms and visited the said establishment by having the juvenile E and F receive KRW 1,000 per three musics from the customer E and F, who visited the said establishment, and had the said customer play a singing practice room by guiding the said customer to play a singing in line with the musical instruments and having the said customer dance.

2. The Defendant operates a non-registered singing practice hall as described in paragraph 1.

The owner of a business subject to prohibition of access by and employment of juveniles shall verify the age of persons who have access to the business establishment and shall prohibit juveniles from entering the business establishment.

Nevertheless, at around 22:00 around July 21, 2016, the Defendant entered the above singing practice room, which is a business establishment banned from having access to juveniles and preventing juveniles from having access to juveniles (16:15) and F (15).

Summary of Evidence

1. Partial statement of the defendant;

1. Each letter of F and E;

1. Arrest report on occurrence of the case, report on control of public morals places (2010-04895), community Slanders and photographs;

1. (Certificate of Report on Production of Music Records and Music Videos) (D);

1. A notice posted on each NAV block;

1. The application of Acts and subordinate statutes to the investigation report (the 18th time annually);

1. Article 34 (3) 1 and Article 18 (1) of the Music Industry Promotion Act concerning criminal facts; Articles 59 subparagraph 8 and 29 (2) of the Juvenile Protection Act;

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

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant shall be equipped with facilities and equipment for the production of music video works and a public official in charge of the Seocho-gu Office.

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