직업안정법위반
Of the first judgment, the part on Defendant Q and Y and the second judgment shall be reversed in entirety.
Defendant
Q. Q.
1. Summary of grounds for appeal;
A. In consideration of various circumstances against Defendant A, Z, Y, and AB Defendants, the lower court’s sentence (one year and six months of imprisonment for Defendant A; three years of probation; 120 hours of probation and community service order; fine of KRW 3 million for Defendant A; Defendant A: imprisonment for six months; probation period of two years; probation period of two years; probation period of two years; probation period of two years: imprisonment for six months; probation period of two years of probation period; 80 hours of community service order; imprisonment for Defendant AB; 1 year of probation period; 2 years of probation period; probation period of two years) is too heavy.
B. Defendant Q (1) misunderstanding of facts and misunderstanding of legal principles (as to the business of a karaoke bar), the Defendant only produced a music record or music video product at the request of customers in the music record or video production room with the trade name “ROM,” and at the same time, the alcoholic beverages the customers were directly purchased at the neighboring liquor stores that completed a report separate from the above video production business, and the Defendant did not sell them at the above cinematographic production business place. Thus, even if the cinematographic production facility operated by the Defendant is similar to a singing practice room, the Defendant cannot be punished by applying the above business form as the business type of an unauthorized entertainment business without permission. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
(2) The lower court’s punishment (one year of imprisonment, two years of suspended execution, and probation) is too heavy in consideration of the various circumstances on the Defendant of unreasonable sentencing.
C. In light of the contents of Defendant Y’s violation of the Music Industry Promotion Act, and the fact that Defendant Y run the dynasing business without permission during the criminal trial, etc., the punishment of each lower judgment against the above Defendant is too uneasible and unfair.
2. Determination
A. Determination on the assertion of unfair sentencing by Defendant A, Z, and AB (1) Defendant A.