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(영문) 대전지방법원 2017.06.29 2016고정1055
음악산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is actually engaged in singing practice room business with the trade name "E" in Daejeon P, 601.

Any person who intends to run a singing practice room business shall register with the competent authorities.

However, on April 24, 2016, the Defendant provided the competent authorities with music recording facilities, shocks, chairss, and microphones, etc. to provide two customers without his/her name in line with video reflective devices, and offered two customers with a singing in line with the fee for the use of the facilities of 25,000 won per hour, from May 14, 2016 to March 22:30, 201.

Accordingly, the defendant did not register a singing practice place and carried on a singing practice place business.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Recording of witness F and G statements in the second public trial records;

1. Recording of a witness H's statement in the third public trial records;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case;

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

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

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

1. The Defendant alleged that he reported as prescribed by Article 2 subparag. 8 of the Music Industry Promotion Act, and did not engage in the production of music records and music video works, but did not engage in the singing practice place business, and some customers only talk with music without producing music records, etc.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Determination

A. 1 Interpretation of the relevant statutes ) The Music Industry Promotion Act (hereinafter “ Music Industry Act”).

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