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(영문) 부산지방법원 2015.11.12 2015노2902
음악산업진흥에관한법률위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the decision of the court below (two months of imprisonment and two years of suspended execution) on the summary of the grounds for appeal, the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. On the argument of unfair sentencing by the Defendant and the prosecutor, the following facts are examined: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the volume of alcoholic beverages sold by the Defendant was relatively large; and (c) the Defendant was placed in an economic difficult situation; and (d) the Defendant had been punished for the same kind of crime several times in running a singing practice room; (b) the Defendant was sentenced to a fine of KRW 3 million on April 16, 2015; and (c) the Defendant committed the instant crime by selling another alcoholic beverage after nine (9) days; and (d) the Defendant could no longer expect the improvement of the Defendant due to a fine; and (e) taking into account other circumstances, such as the motive and circumstances leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character, conduct, environment, etc., and various conditions of sentencing specified in the records and pleadings, the lower court’s sentencing is too heavy or unreasonable.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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