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(영문) 대전지방법원 2014.08.12 2014노649
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant reported pursuant to the Music Industry Promotion Act and lawfully conducted music records and music video production, and did not operate singing practice room, the lower court erred by misapprehending the legal principles or misapprehending the legal principles.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the court below's finding the defendant guilty of the facts charged of this case is just and acceptable.

(A) According to Article 2 subparagraph 8 of the Music Industry Promotion Act, the term “production of music records and music video products” refers to the business of planning, producing, producing, or reproducing, music records, music files, music video products, and music video files. “Planning production” refers to the business of producing music records, etc. through the process of arranging, singing, sound recording, and mixing, etc. for the purpose of distributing and offering them for viewing. “Uniform production” refers to the business of reproducing music records, etc. for the purpose of distributing them to many people and offering them for viewing. The Defendant simply produces music records and music CDs at the request of customers, and does not appear to have been produced and reproduced in the same way as above.

(B) In order to determine whether a certain type of business is a singing practice room business, it does not simply mean that the business type of a business operator is not limited to a report or registration, but it should be the standard for determining whether the business type of a karaoke room exists in terms of the quantity of practice of a singing practice room, and whether the main interest of the business arises in the cost of providing a service. However, the Defendant actually runs a singing practice room business by having customers sing and play singing through a video reflect cycle, and receiving a fee of KRW 20,000 or KRW 30

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