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(영문) 인천지방법원 2016.04.28 2016고정790
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 is a person who operates a singing practice hall in the name of “C” on the second floor of the building in the Incheon Vindication-gun B commercial building.

1. No singing practice room business operator shall sell or provide alcoholic beverages;

Nevertheless, on November 3, 2015, the Defendant provided 20:53 customers, such as D, with five cans per week.

2. Any person who intends to operate a singing practice hall shall be equipped with a singing practice facility prescribed by Ordinance of the Ministry of Culture and Tourism and shall register with the head of a Si/Gun/Gu.

Nevertheless, the Defendant, without registering a singing practice room with the competent authority, installed five rooms with approximately 163 square meters, and operated a singing practice room by receiving KRW 50,000 per two hours from four customers E, etc. on December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Sovereign photographs;

1. A certificate of registration of singing practice room business (the person who is on December 11, 2015);

1. Application of Acts and subordinate statutes to report the detection;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)2, 22(1)3 (the point of sale and provision of alcoholic beverages), Articles 34(3)1, and 18(1) (the point of business without registration) of the Music Industry Promotion Act concerning criminal facts, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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