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(영문) 서울남부지방법원 2014.12.18 2014노847

음악산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (the point of arranging a contact loan) does not mean that the Defendant had a contact customer E and D (the “C singing practice room” (hereinafter “instant singing practice room”) offer to the customer F, etc. with music and dance in the Defendant’s “C singing practice room.”

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below based on evidence duly admitted and investigated by the court below, namely, ① to receive KRW 25,000 from the singing room 3 at the time indicated in the facts charged in this case, and to provide entertainment with customers F, etc., ② to communicate with the above singing room, ② to have the above singing room and sent the defendant to the police, ③ to have the above Defendant entered the singing room 3 room, ③ to have the Defendant, who had been punished by the crime of arranging the above singing room, was aware of the fact that the Defendant was entering the above 3 room, and D and D, which were entered the above 3 room at the latest.

Therefore, the court below's conviction of this part of the facts charged is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and the defense counsel.

B. In light of the fact that the Defendant had the history of punishment for the same kind of crime, and other various sentencing conditions as shown in the instant argument, including the method of the instant crime and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is without merit.

참조조문