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(영문) 의정부지방법원 2017.11.30 2017고정1774
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who operates a singing practice hall business in the name of “D” on the Namyang-si, Namyang-si, a group of unspecified customers who found the above establishment, installed 13 types of visual reflectrs (hereinafter “singing instruments”) in the said D establishment, even though he did not have registered as the singing practice hall business operator from the early August 2016 to April 4, 2017, and operated a singing practice hall business, such as having many and unspecified customers find the said establishment 20,00 won per hour, on condition that they receive 20,000 won per hour.

Accordingly, the defendant did not register with the Mayor of Namyang-ju and run a music practice place business.

Summary of Evidence

1. Partial statement of the defendant;

1. A petition and a written statement of E, a receipt, and criminal records of the same kind and a letter of judgment;

1. Video CDs;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant reported the production of music records and music video products to the Defendant, and that the Defendant did not engage in the production of music records and music video products as stated in the facts charged, since he/she did not register it as stated in the instant facts charged.

Pursuant to Article 2 of the Music Industry Promotion Act, the term “production of music records and music video products” refers to the business of planning, producing, or reproducing music records, music files, music video works, and music video files, and the term “sing practice place business” refers to the business of providing music to the public for use by installing facilities such as video or non-cinematographic press devices, which enable people to sing in line with the musical instruments without any musical instruments, and this court is legitimate.

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