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(영문) 수원지방법원 2017.01.05 2016노3922

음악산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant still has no record of criminal punishment in the Republic of Korea, and that it appears that the Defendant recognized the instant crime and reflects the mistake, etc.

However, the crime of this case is committed in a singing practice where the Defendant is prohibited from selling alcoholic beverages and sells alcoholic beverages to customers. The Defendant’s criminal liability is not easy in that it impedes the legislative purpose of the Music Industry Promotion Act, which enhances the quality of cultural life of the people, by promoting the development of the music industry. The Defendant’s criminal act of this case does not seem to have good conditions after the crime was committed, such as: (a) the Defendant’s attempt to conceal cans, etc. and induce customers to make false statements; (b) the Defendant appears to have considerable profits from illegal operation of the music practice of this case; and (c) the Defendant’s profits from the Defendant’s illegal operation of the music practice hall in light of all the sentencing conditions as indicated in the argument of this case, such as the Defendant’s age, sexual behavior, environment, family relationship, etc., the punishment imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.