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(영문) 대전지방법원 2014.10.08 2014고정572
음악산업진흥에관한법률위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If 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 with the trade name of "D" from Daejeon Middle-gu C's 3rd.

Anyone who intends to run a singing practice room business shall have facilities for singing practice room business prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and register with the head of a Si

Nevertheless, the Defendant did not register with the competent authorities on November 25, 2013, and operated a singing practice room business with approximately KRW 30,000 in total, including two cans, two cans, 6,000, and 14,000 in singing practice room business.

Summary of Evidence

1. Legal statement of witness E;

1. Results of on-site inspections by this court;

1. Application of video CD-related Acts and subordinate statutes;

1. Article 34 (3) 1 of the Music Industry Promotion Act and Articles 18 (1) of the same Act concerning facts constituting an offense;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.

4. The Defendant asserts that the judgment on the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act is not guilty, since the Defendant did not run a singing practice room business.

Article 2 subparag. 13 of the Music Industry Promotion Act provides that "singing practice room business refers to a business that provides the general public with facilities, such as a video or non-cinematographic reflectr device, which makes it possible for the public to singing in line with the musical instruments without any musical instruments," and Article 2 subparag. 8 of the same Act provides that "sing the music and music-video production business refers to a business that plans, produces, or copies music records, music files, music video products, or music video files." However, whether a business establishment is a singing practice room as defined in each of the above provisions refers to the type of business performed at the business establishment, and the main interest in the business."

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