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(영문) 부산지방법원 2016.03.23 2015고단8084
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Any person who intends to run a singing practice place business shall be equipped with facilities for singing practice prescribed by Ordinance of the Ministry of Culture and Tourism and shall register with the head of a Si/Gun/Gu.

Nevertheless, on September 1, 2015, the Defendant, without registering with the head of the competent Gu, operated a singing practice hall with the trade name "D" in Busan High-gu, Busan High-gu, on September 1, 2015, and operated a singing practice hall with six singing practice facilities installed in the room and provided them with 10,000 won per hour from each customer E and one other, who visited the said establishment, and provided the said customer with an guidance as a room, and operated a singing practice hall by having the said customer sing and dance in line with the musical instruments.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Investigation report on the control of public morals place; and

1. The Defendant asserts that an investigation report (as reported to the competent authority, “D” operated by himself/herself is the content of production of sound records and music video works, and thus, the Defendant should not be punished on the ground that he/she operated a non-registered singing practice place on the ground that he/she operated the singing practice place.

However, according to the evidence duly adopted and examined by this court, the defendant asserts that the defendant installed a community non-permanent video device with functions such as video recording, voice and video editing in the existing singing room in each six rooms of the instant business establishment, and the report on the production of sound records and music video works was completed at the above business establishment, as well as that the above business establishment provides guidance on the production of video products/compicing room, and that the notice on the production of video products/compicing room is not a singing practice place but a singing practice place, but a guidance on the production of video products/compicing room. However, the type of business is not determined by the type of machinery installed, the actual operation of which should be determined. The signboard of the instant business establishment is limited to F.

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