음악산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The 8-month imprisonment sentenced by the court below is too large and unfair.
2. In light of the following facts: (a) the Defendant had been punished several times in the previous department; and (b) the Defendant committed the instant crime because of the lapse of the suspended period; (c) it is recognized that there are no economic benefits gained by the Defendant from the instant crime; (d) the Defendant sold alcoholic beverages at the customer’s request and arranged a entertainment loan; and (e) the Defendant’s age, character, character, environment, motive, motive, means and consequence of the instant crime; and (e) taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character, and conduct, environment, motive, means and consequence; and (e) the sentence imposed by the lower court against the Defendant is deemed unreasonable because it is deemed that the sentence imposed by the Defendant is too unreasonable
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions for facts constituting an offense, and Articles 34 (2), 22 (1) 4 (a) and (2), 34 (3) 2, and 22 (1) 3 (a) of the Music Industry Promotion Act (a point where a karaoke machine business operator¡¯s contact loan is offered), and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;