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(영문) 서울북부지방법원 2013.05.08 2013노306
식품위생법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is not a singing practice room, but a music record or music video production plant that the defendant operates;

2. Article 2 subparagraph 8 of the Music Industry Promotion Act provides that "a business of planning, producing, or reproducing music records, music files, music video products, or music video files" refers to a business of producing, reproducing, or reproducing music records, music video products, or music video files." Article 2 subparagraph 13 of the aforesaid Act provides that "singing practice room business refers to a business of providing music services to the public with facilities, such as video or non-cinematographic reflector, which enable people to sing to sing in compliance with the anti-states without any performers."

In light of the following circumstances, i.e., the evidence duly adopted and examined by the court below, and the following circumstances acknowledged by the court below: (i) in the court of the court of the court below, E, an employee at a shop in the operation of the defendant, has attempted to sit in and sing out in the singing room; (ii) the customer stated that he did not have any demand for video recording; (iii) the signboards, internal facilities, and structures of the above shop were known to the singing room; and (iv) there is no evidence to support the planning and production of music records, music files, music video products, and music video files at the shop in the operation of the defendant; and (v) there is no evidence to support the fact that it is a singing room business under the law, not a music video production business under the Music Industry Promotion Act, but a music room business under the above law. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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