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(영문) 춘천지방법원 2019.11.29 2019노364

음악산업진흥에관한법률위반등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. According to the records of the judgment on Defendant C’s appeal, Defendant C did not submit the statement of grounds of appeal within 20 days, even if Defendant C received the notification of the receipt of the trial records from this court on May 10, 2019.

Even in the petition of appeal, there shall not be any entry of the grounds for appeal and any ex officio investigation shall not be found in the record.

Therefore, according to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant C should be made. However, as long as a public prosecutor rendered a judgment on an appeal against the defendant C by the defendant of the defendant of the defendant of the defendant of the defendant of the defendant of the

2. The prosecutor and the Defendant’s appeal filed each appeal on the grounds that the Defendants’ punishment is less severe than that of the Defendants.

The judgment below

There is no significant change in circumstances to consider the sentencing of the Defendants.

Considering the grounds for appeal by a public prosecutor and Defendant A and the various sentencing factors indicated in the records of trial, the circumstances alleged by a public prosecutor and Defendant A cannot be said to be less severe than, or more severe than, the sentence imposed by the lower court on the Defendants, considering the circumstances alleged by Defendant A.

Pursuant to Article 364 (5) of the Criminal Procedure Act, all appeals filed by the prosecutor against the Defendants and the appeal filed by the Defendant A without oral proceedings are dismissed.