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(영문) 대전지방법원 2013.12.19 2013노1477
음악산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal principles, was engaged in the production of music records or music video products after reporting the production of music records or music video products, did not operate a singing practice room. As long as viewed so, the Defendant’s act of selling alcoholic beverages to customers and providing entertainment services by employing entertainment, and did not violate the obligation of a singing practice room business operator. Thus, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

B. The sentence of a fine of KRW 4,000,000 imposed by the lower court is too unreasonable.

2. Determination

A. The judgment of the court below on the grounds for ex officio change of the indictment No. 1 shall be made ex officio prior to the judgment on the grounds for appeal. The name of the case No. 2013Da104 from "Violation of the Music Industry Promotion Act" to "Violation of the Music Industry Promotion Act", "Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act" to "Articles 34 (3) 1, 18 (1), 34 (3) 2, 22 (1) 3, 34 (2), and 22 (1) 4 of the Music Industry Promotion Act, "Articles 37 and 38 of the Criminal Act" to "the defendant shall report the production of music records and music video products with the trade name of "C", "the defendant shall report the sale of alcoholic beverages with the name of "EMM" as "Violation of the Food Sanitation Act", and the applicable provisions to "Article 94 subparagraph 3 and Article 37 (1) of the Food Sanitation Act shall be equipped with 20 sing facilities for public use, such as singing 2.

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