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(영문) 청주지방법원 2017.11.22 2017고정342
음악산업진흥에관한법률위반
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

(1) A person who intends to operate a singinging hall business without registration shall be equipped with a facility for the singing practice as prescribed by Ordinance of the Ministry of Culture and Sports and shall register with the head of a Si/Gun/Gu.

Nevertheless, on February 5, 2017, the Defendant, without registering with the competent authorities, engaged in a singing practice room business by allowing customers to sing out by using singing instruments, etc. in E located in Jincheon-gun, Jincheon-gun, Jincheon-gun, 2017.

(2) On February 5, 2017, the Defendant: (a) introduced G to two male customers in relation to the Defendant’s business on February 20:26, 2017; (b) provided that “F,” who is an employer, introduced L to two male customers; (c) provided that G would drink with customers, provide entertainment services with music or dance; and (d) provided that the Defendant sold cans and one bottles.

Summary of Evidence

The application of the statute of the CD-related to the defendant's partial legal statement of F, G, H, and I's legal statement, the defendant F, and the police interrogation protocol against G

1. Relevant Article of the Act on the Promotion of Music Industry and Articles 34(3)1, 18(1) (a) and 35, 34(3)2, 22(1)3 (a) and 35, 34, 34(4)4, and 22(4), and 22(2) (a) of the Act on the Promotion of Music Industry concerning criminal facts;

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

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

4. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the report on the production of music records and music video works

A. The Defendant alleged that he operated a music record manufacturing business after reporting the production of music records and video works, and thus, it cannot be deemed that he operated a non-registered music practice room.

B. Determination 1) Whether a business establishment is a production facility of music records or music video works or its form of action.

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