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(영문) 인천지방법원 2019.11.22 2019노2397
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court appears to have reduced the fine under the summary order by taking into account the grounds for sentencing alleged by the Defendant, considering the fact that there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data in the trial, and that there is no change in the sentencing factors revealed in the proceedings of the instant case, it cannot be deemed that the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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