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(영문) 의정부지방법원 2017.08.10 2016고정2477
음악산업진흥에관한법률위반
Text

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

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 with the trade name “D” on his own Government C and 3 floors.

Any person who intends to run a singing practice room business shall be equipped with a facility 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, from June 21, 2016 to September 20, 2016, the Defendant, without registering the business of singing practice place with the City Mayor, installed six rooms of approximately 182.29 square meters in the above singing practice place, and received 25,000 won per hour from customers who found the above singing practice place and run the singing practice place business.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a report on internal investigation (control details), E written statement, D enforcement photographs, copy of business registration certificate, and a copy of a certificate of report on the production of music video works;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 34(3)1 and Article 18(1)1 of the former Music Industry Promotion Act (amended by Act No. 14082, Mar. 22, 2016); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the fact that there is no record of special criminal punishment except for the punishment of a fine for gambling around 2003 as a crime of gambling; and (c) the fact that there is no record of special criminal punishment is recognized as favorable to the Defendant.

However, in light of the content and method of the crime, the legislative intent of the Music Industry Promotion Act, etc., the crime of this case, which the defendant operated a singing practice hall without registering, is not less than the nature of the crime. The balance of general amounts of punishment in the same and similar cases, and the defendant's age, sexual behavior, intelligence and environment, and the motive, background, and means of the crime of this case as shown in the argument of this case.

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