음악산업진흥에관한법률위반
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (the first judgment: the fine of KRW 1 million, the second judgment: the fine of KRW 500,000: the third judgment: the fine of KRW 300,000) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the court of first instance decided to hold a joint hearing of each appeal case by the court below against the defendant. Each of the offenses of the judgment below in this case is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority exist, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Selection of each fine for the crime under Articles 34 (2) and 22 (1) 4 (the point of good offices for adjacent loans) of the Music Industry Promotion Act, Articles 34 (3) 2 and 22 (1) 3 (the point of sales of alcoholic beverages) of the Act on the Promotion of Music Industry, and selection of each fine for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Although there are circumstances such as the fact that the defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed the same crime even after having undergone an investigation by regulating the sale of alcoholic beverages, etc., the confession and reflect of each of the crimes of this case, the running period of singing practice room is relatively short, and it is the first offender.