A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. No person who violates the Educational Environment Protection Act shall engage in activities and install a sing practice room business in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, on November 23, 2016, from around March 12, 2018 to around March 12, 2018, the Defendant operated a singing practice hall with the trade name “F” from the underground of the same building located in Seodaemun-gu Seoul at approximately 30 meters away from D elementary schools located in Seodaemun-gu Seoul.

2. A person who intends to run a sing practice room business in violation of the Music Industry Promotion Act shall be equipped with facilities for singing practice room business prescribed by Ordinance of the Ministry of Information and Communication and shall register with the head of a Si/Gun/Gu.

Nevertheless, without registering with the competent authorities, the Defendant engaged in singing practice room business by making four rooms more than 30 square meters in size with the date, time, place, “F” as stated in the above paragraph (1), and installing sound facilities, such as singing machines, etc. in each room, and allowing customers to receive KRW 20,000 per hour from singing machines.

Summary of Evidence

1. Statement by the defendant in court;

1. (G), the location map of business establishments, and the application of Acts and subordinate statutes concerning photographic data;

1. Relevant Article 16(1) and Article 19 subparag. 24 of the Act on the Protection of the Educational Environment Eligible for the Selection of Punishment for Criminal Facts, Article 34(3)1 and Article 18(1) of the Music Industry Promotion Act, and each choice of imprisonment with labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The circumstances favorable to the defendant that the defendant continued to operate even though he was punished several times due to the operation of the instant singing practice room: the defendant recognized the instant crime, and no longer committed unlawful acts due to the operation of the instant singing practice hall;

The age, sex, career, home environment of the defendant, motive for the crime, and after the crime.