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(영문) 대구지방법원 2018.06.07 2018노524

음악산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The lower court sentenced the said sentence in consideration of the following: (a) the Defendant reflects the Defendant; and (b) there was no criminal conviction exceeding the fine.

In addition to the circumstances taken by the court below, there are extenuating circumstances to consider the circumstances leading to the instant crime; the benefits acquired by the instant crime were insufficient; and the Defendant’s records of having been sentenced to six times fines for the same crime are considered as unfavorable circumstances.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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.