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(영문) 서울중앙지방법원 2014.10.01 2014노2035
음악산업진흥에관한법률위반
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The judgment of the first instance is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., 1.5 million won) of the first instance court is too unreasonable;

2. Prior to examining the grounds for appeal ex officio, the Prosecutor applied for changes in indictment with respect to the following facts charged at the trial before examining the reasons for appeal for ex officio judgment. Since this Court permitted this and changed the subject of judgment, the judgment of the first instance cannot be maintained any more.

3. Accordingly, the judgment of the court of first instance is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, without proceeding proceeding to decide on the defendant's assertion of unfair sentencing.

Criminal facts

At around 00:20 on March 1, 2014, the Defendant, in collusion with the above G, operated a singing practice room with the name of “C” in the name of the Defendant’s wife G in Gwanak-gu in Seoul Special Metropolitan City. At around 00:20 on March 1, 2014, the Defendant provided two female entertainment loan D, E, etc., and provided two services, on condition that he/she would drink with the above customers or provide entertainment to customers by singing or dancing, on condition that he/she would provide 30,00 won per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. Application of Acts and subordinate statutes of E and D;

1. Article 34 (2) and Article 22 (1) 4 of the Music Industry Promotion Act, Article 30 of the Criminal Act and the choice of fines for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the motive and background of the instant crime; (b) the circumstances after the instant crime was committed; (c) the Defendant’s age; and (d) the character and conduct of the Defendant; and (c) the circumstances surrounding the

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