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(영문) 광주지방법원 2020.01.09 2019고단3714
음악산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant is a person operating "C" on the Southern-gu building B and the second floor of Gwangju.

1. Any person who intends to run a singing practice room business without registration shall have the facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism registered with the competent authority;

Nevertheless, the Defendant, without registering a singing practice room with the competent authority, filed a report on a “music-video production business” without registering a singing practice room, and, from November 8, 2018 to September 1, 2019, made 7 studio in the above “C” and run a singing practice room business by installing studio in each room and receiving KRW 20,000 per hour from customers who found the place.

2. Any karaoke machine business operator who has violated his/her obligations shall be prohibited from selling or providing alcoholic beverages;

Nevertheless, around 02:50 on September 1, 2019, the Defendant provided 10,000 won to customers D, etc. who found the above “C,” and sold alcoholic beverages by offering 5 knickers and 10,000 won to D, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Sound record and music video production business report certificates and field photographs;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the structure of a building);

1. Article 34 (3) 1 of the Act on the Promotion of Music Industry, Articles 18 (1) (the point of running a singing practice room business without registration), Article 34 (3) 2 of the Music Industry Promotion Act, and Article 22 (1) 3 of the Act on the Promotion of Music Industry (the point of selling and providing alcoholic beverages), and the choice of imprisonment, respectively;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is running a singing practice room business only when the Defendant reported the “music-video manufacturing business” and actually running a singing practice room business in order to avoid the criticism of the fact that the Defendant sold and supplied alcoholic beverages in a singing practice room and was sentenced to a fine four times or more.

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