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(영문) 수원지방법원 성남지원 2020.01.22 2019고단2590
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C Museum” in Seongbuk-gu Seoul Metropolitan Government B.

Any person who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with competent authorities

Nevertheless, on June 11, 2019, the Defendant, without registering with the competent authorities, made five rooms in the above community, installed a singing room in each room, and made a singing room run a singing room business by allowing the Defendant to run a singing room business by receiving the service fee of KRW 25,000 per hour from the customer D who found the room.

Summary of Evidence

1. Defendant's legal statement;

1. Delivery of civil petitions for report (including attachment of a D's statement, receipt, etc.), application of the business registration certificate statutes;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Articles 18 (1) of the same Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act (see, e.g., favorable circumstances among the reasons for sentencing) of the suspended sentence (see, e.g., Supreme Court Decision 62(1)) provides that the nature of the instant crime committed by running a singing practice room business without legitimate registration or investigation of the reasons for sentencing; the Defendant has a record of having been punished five times or more for the same type of crime; in particular, the Defendant repeated the crime of violating the Music Industry Promotion Act even if he/she was punished by a fine of KRW 3 million in 2018 or a fine of KRW 5 million in 2019; the Defendant was punished by a repeated crime of KRW 5 million in 2019; the Defendant was aware of his/her criminal liability; the Defendant has no record of criminal punishment heavier than the suspended sentence of imprisonment; the motive, means and consequence of the instant crime; the Defendant’s character and conduct, environment, and progress before

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