음악산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. Although the Defendant repeatedly commits the instant crime even though he had the history of punishment four times for the same crime, the Defendant recognized and reflects the instant crime, and the Defendant’s closure of a singing practice hall operated at the time of the instant case, and is going to work as an employee at the restaurant, and to not repeat any further crime.
In light of the following circumstances: (a) the Defendant appears not to have obtained a relatively large benefit from the instant crime; and (b) the Defendant’s final punishment for the same type of crime causes a fine of two million won; and (c) the lower court determined the Defendant’s age, environment, sexual conduct, motive for the commission of the crime, and circumstances before and after the commission of the crime; and (d) comprehensively taking into account other various circumstances, such as the Defendant’s age, environment, sexual conduct, motive for the commission of the crime, and the circumstances before and after the commission of the crime, the lower court
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.