음악산업진흥에관한법률위반
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of 2.5 million won.
The above fine shall not be paid by the defendant.
1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (e.g., the form of punishment) and the fact that the defendant's gains from committing a crime are not high, the punishment sentenced by the court below (e.g., the fine of one million won, the fine of one million won, and the fine of one million won: the second court below) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the court of original judgment, Nos. 1 and 2 sentenced the defendant guilty after having undergone a separate hearing against the defendant, and both the defendant appealeds against the judgment of the court of first and second instance, and this court decided to hold concurrent hearings against each of the above appeals cases. Each of the offenses in the judgment of the court of first and second instance against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the term of punishment increased by concurrent offenses under Article 38(1) of the Criminal Act. In this regard, all of the judgment of the court of first and second instance cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 34 (3) 2 and Article 22 (1) 3 of the Music Industry Promotion Act (the point of each alcoholic beverage sales: Provided, That the point of sales on October 29, 2012 shall be added to Article 30 of the Criminal Act), Articles 34 (2) 2 and 22 (1) 4 of the Music Industry Promotion Act (the point of good offices for entertainment activities) concerning facts constituting an offense, and Articles 34 (3) 2 and 22 (1) 3 of the same Act concerning the selection of fines;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;