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(영문) 부산지방법원 2016.11.18 2016노1860
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unreasonable.

2. The circumstances such as the confession of the Defendant and his mistake in depth are recognized.

However, the crime of this case was committed by the defendant without registering with the competent authority. In light of the method and content of the crime, the nature of the crime is not less than that of the defendant, the defendant was subject to suspended execution once and one fine for the violation of the Music Industry Promotion Act, and in particular, on October 2, 2015, the Busan District Court sentenced 1 year of suspended execution of imprisonment for 4 months and was sentenced to a violation of the Music Industry Promotion Act at the Busan District Court on October 13, 2015, and did not know even though the above judgment was finalized on October 13, 2015, the crime of this case was committed again during the period of suspended execution, and there was no special circumstance or change of circumstances that may be newly considered after the sentence of the judgment below, and considering various sentencing conditions that were shown in the argument of this case such as equity in sentencing, age, character and behavior of the defendant, environment, motive and circumstance of the crime, etc., the sentence of the defendant is too inappropriate.

Therefore, the defendant's above assertion is not accepted.

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

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