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(영문) 서울남부지방법원 2017.12.14 2017노572

음악산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal is against the Defendant’s depth; (b) it is difficult for the Defendant to refuse the request of alcoholic beverages from the standpoint of the proprietor; (c) the sales of the Defendant was merely 2 cans of beer; and (d) the Defendant again did not repeat these crimes; (c) the Defendant is scheduled to sell the instant singing practice hall; and (d) the Defendant’s age of 75 years and the economic situation is very high, it is unreasonable for the lower court to impose punishment (one million won) so far.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

The Defendant, while operating the instant singing, was sentenced to four times or more as a result of the Defendant’s violation of the Music Industry Promotion Act, committed the instant crime. In full view of the circumstances favorable or unfavorable to the Defendant, and other factors of sentencing, including the Defendant’s age, sex, career, family relation, environment, motive, means and consequence of the instant crime, circumstances after the commission of the crime, and criminal experience, the lower court’s sentencing cannot be determined to have exceeded the reasonable scope of discretion, even in light of various circumstances asserted by the Defendant on the grounds of appeal.

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.