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(영문) 대구지방법원 김천지원 2016.09.01 2016고단508
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

1. 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 and register with the head of Si/Gun

However, around August 20, 2013, when the Defendant operated a “Csing room business” in the Guro-si B, and arranged a juvenile as a entertainment loan, and received a disposition of revocation of registration from the old U.S. market. On August 29, 2013, the Defendant reported the said singing practice room to the Gyeonggi-do Governor as a music record and music video production business. From around that time to February 15, 2016, the Defendant operated the said place as “Csing room business” in the above place without registering the singing practice business, and operated a singing practice room without registration by making four rooms installed in the above place without registering the singing practice room business in the old U.S. Mayor, and by installing the singing practice room installed in each of the said places to have customers sing down.

2. Any karaoke machine business operator shall be prohibited from employing any entertainment service provider, arranging any entertainment service provider, or arranging any entertainment service provider;

Nevertheless, the Defendant, as stated in paragraph (1), arranged to engage in entertainment by drinking alcohol together with the Furgical acts of customers by entering the Da and E in four rooms, in the “Cnonodes Museum” as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A written statement of F and G;

1. Police seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry and the Selection of Punishment for Criminal Facts, Article 18 (1) of the Act on the Promotion of Music Industry (hereafter referred to as "unregistered singing practice room business"), Articles 34 (2) and 22 (1) 4 of the Music Industry Promotion Act (hereafter referred to as "intermediating loan brokerage"), and the choice of imprisonment, respectively;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Order of community service multiple times for the same kind of crime for sentencing under Article 62-2(1) of the Criminal Act.

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