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(영문) 부산지방법원 서부지원 2018.07.13 2017고단2019
음악산업진흥에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to run a singing practice room business at the 2017 Highest 2019 shall be equipped with facilities for singing practice as prescribed by Ordinance of the Ministry of Information and Communication and shall register with the head of a Si/Gun/Gu.

Nevertheless, the Defendant, without registering with the competent authority from March 29, 2017 to January 5, 2018, operated a singing practice room with the trade name of 125 square meters in size of 125 square meters in the underground floor located in Gangseo-gu Busan Metropolitan Government D, on four guest rooms, and installed a singing practice room and operated a singing practice hall for an unspecified number of persons, who received 15,000 won per hour.

The defendant of "2018 Highest 215" is a person who operates a practice hall and a sing bar with the trade name "E" from Gangseo-gu Busan Metropolitan Government D and underground floors.

Any person who intends to run a dan business shall have facilities prescribed by relevant Acts and subordinate statutes and obtain permission from the competent administrative agency.

Nevertheless, on January 5, 2018, the Defendant, without permission from the head of the Gu, provided the aforementioned “Esing practice hall” and the sound facilities, etc., with music to customers, and operated a singing bar business, such as cooking and selling, and cooking and selling, etc., of alcoholic beverages, to drink, beer, and beer, etc., with music to customers.

Summary of Evidence

"2018 Highest 215"

1. Statement by the defendant in court;

1. A report on internal investigation and photographs at the control site: "2018 Highest 215";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in a written statement of the witness;

1. Relevant Article of the Act on the Promotion of Music Industry, Articles 34(3)1, 18(1) (referring to the operation of a place of practice without registration) concerning criminal facts, Articles 94(1)3 and 37(1) of the Food Sanitation Act, Article 298 of the Criminal Act (referring to the operation of an unauthorized food entertainment business) concerning criminal facts, and Articles 34(3)1, 18(1) (referring to the operation of a place of practice without registration) of the same Act, and each choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant was sentenced to a fine of the same kind.

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