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(영문) 인천지방법원 2013.04.26 2013노136
음악산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of seven million won) is too uneased and unreasonable.

2. In light of the fact that the Defendant was sentenced to a fine several times for the same kind of crime, and the Defendant committed the instant crime without being aware of the fact that he was sentenced to a suspended sentence of six months of imprisonment for the violation of the Music Industry Promotion Act at the Incheon District Court's Busan District Court's Vice Branch on October 18, 2012, which was sentenced to a suspended sentence of two years for the violation of the Music Industry Promotion Act, and that he committed the instant crime, there is a need to strictly punish the Defendant.

However, in light of the fact that the defendant recognized all of the crimes of this case and committed the crime of this case, the defendant's misjudgments in depth, the closure of singing practice room and did not operate any more while the defendant is expected not to repeat the crime, the defendant's sentence of imprisonment is inevitable due to grounds for disqualification for the suspension of execution, and if the sentence of imprisonment is to be imposed on the defendant, the sentence of the previous suspension of execution is invalidated and suspended. This seems to be harsh when considering the various circumstances faced by the defendant, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, happiness and family environment, and circumstances before and after the crime, the sentence of the court below against the defendant is too unreasonable.

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.

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