음악산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, which is too unreasonable.
2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
The Criminal Procedure Law of Korea, which takes the principle of trial-oriented and direct care, has the unique area of the first deliberation about the determination of sentencing.
In addition to these circumstances and the ex post facto in light of the nature of the appellate court’s ex post facto review, the first sentencing judgment exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing as shown in the first sentencing review process and the sentencing guidelines, etc.
Where it is deemed unfair to maintain the judgment of the first instance court in full view of the materials newly discovered in the course of the appellate court’s sentencing review, the appellate court should reverse the judgment of the first instance court which was unfair. However, in a case where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance is not exceeded the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to the sentence above.
There is no change in the sentencing conditions compared with the original judgment because new sentencing materials have not been submitted in the trial at the original court. Considering the various circumstances and the reasons for sentencing, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s sentencing is too inappropriate and it is not recognized that the lower court exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion is without merit.
3. According to the conclusion, the Defendant’s appeal is dismissed.