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(영문) 서울북부지방법원 2018.05.03 2018고단428
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 room business in the name of "Csing room" on the Songpa-gu Seoul Metropolitan Government and the fifth floor.

Any person who intends to operate 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, the Defendant, from July 22, 2017 to September 14, 2017, from around 09:20 to September 20, 2017, 2017, made five rooms in the area of 9.17 square meters of the said place, installed a singing room in each room, and operated a singing practice room with an average of 30 million won per hour and received 30,000 won per hour for customers from each room, and operated a singing practice hall with a sales amounting to 1.8 million won per month without registering with the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Monthly rent contract for commercial buildings;

1. Guidance on charges by place of business;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of an on-site photograph);

1. Article 34 of the relevant Act on the Promotion of Music Industry, Article 34 (3) 1 and Article 18 (1) of the Act on the Promotion of Music Industry, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant is punished by a fine for the same crime.

Nevertheless, the crime of this case has been committed continuously.

However, the defendant is in depth against the defendant when committing the crime of this case.

On January 2018, it was normally registered as a business entity.

In other words, it is necessary to refrain from committing such crimes.

The sentence of a prosecutor shall be taken into consideration.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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