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(영문) 서울동부지방법원 2018.12.21 2018고정1216
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a singing practice hall on the building B of Songpa-gu Seoul Metropolitan Government and the second floor.

1. A person who intends to operate a singing practice hall with no registered singing practice room shall be equipped with facilities for singing practice room as determined by Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the head of a Si/Gun/Gu;

Nevertheless, on May 8, 2018, the Defendant, without registering with the head of Songpa-gu, equipped with seven rooms of approximately 165 square meters in size, with sound facilities, supervisors, chairs, etc., and attached a signboard called “Csing” to the outside of the building, and run a singing practice room business by allowing an unspecified number of customers who find the place to 30,000 won per hour and singing.

2. No alcoholic beverage dealer shall sell or provide alcoholic beverages at his/her place of business;

Nevertheless, the defendant sold 10 cans to two alcoholic beverages such as D, etc. in one room of the same time and place as written in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 8);

1. Relevant Article of the Act on the Promotion of Music Industry, Article 34(3)1, Article 18(1) (a) of the Act on the Promotion of Music Industry (a place business without registration) for criminal facts, Articles 34(3)2 and 22(1)3 of the Music Industry Promotion Act (a place of sales of alcoholic beverages) for each fine;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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