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(영문) 수원지방법원 2013.09.04 2013노2776

음악산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (two months of imprisonment, two years of suspended execution, and fine of forty thousand won) too unreasonable.

2. Although there are circumstances to consider the Defendant’s perception of committing the instant crime, the Defendant had been punished six times for the same crime. Nevertheless, the Defendant, while running a singing practice room without any particular reflector, sells alcoholic beverages to customers, unlawfully hires a entertainment loan, and mediates the instant crime similar to the previous punishment for profit-making purposes. The Defendant reported to a music record and music video producer as an operator of a singing practice room business for about two months after he reported it as a music record and music video producer, and comprehensively taking into account the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the Defendant’s assertion cannot be deemed unfair since the Defendant’s punishment was inappropriate.

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