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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant did not run a singing practice room business without registration, but reported a music record or music video production business and conducted a business subsequent thereto, but the lower court found the Defendant guilty of the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Whether a music record or a music video production facility is a singing practice room or a music video production facility, under Article 7 of the Enforcement Decree of the Music Industry Promotion Act, provides that “Where a business entity produces a music record or a music video product for any purpose other than for distribution and viewing, without involving many persons, for any purpose other than for distribution and viewing.” In light of the purport of the foregoing provision, a music video production business that needs to be reported may be interpreted as producing a music record or a music video product for the purpose of offering it to many persons or for distribution or viewing.
Whether any type of business among the karaoke machine business has the type of behavior, the main interest in the business is generated in the price of the service, and the substance of the business, such as whether the main interest arises in the price of the service, and if the main interest of the business arises through the singing practice service, such a business act cannot be deemed as a music record
As to the instant case, comprehensively taking account of the following circumstances: (a) the Defendant’s business content of “D” operated by the Defendant; (b) the Defendant’s principal hospitalization via the said business; and (c) the Defendant’s reporting of a music record and music video production business, etc., the Defendant: (a) had customers sing the instant case using singing machines; (b) had customers singing the instant case using singing machines; and (c) had customers singing the customers by receiving fees in return