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(영문) 서울동부지방법원 2020.01.16 2019노1296

음악산업진흥에관한법률위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of three million won) by the lower court against the Defendant is too uneased and unreasonable.

2. Considering the circumstances, such as the instant argument and the record of sentencing, namely, the form and background of the instant crime, the Defendant’s criminal records, and the circumstances after the crime, the lower court’s sentencing appears to have been appropriately determined by taking into account all the circumstances, including the multiple sentencing grounds asserted by the Prosecutor, and there are no special circumstances to the extent of changing the sentencing ex post facto, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.