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(영문) 전주지방법원 2016.04.01 2015노1481
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 700,000) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was the first offender, and the fact that he was aware of his mistake in a net order are recognized.

On the other hand, the crime of this case is committed by the defendant who operates a singing practice hall and sells alcoholic beverages to customers, and the nature of the crime is not less than that of the defendant, taking into account the favorable circumstances of the defendant in the original trial, and the punishment is to be imposed by reducing the amount of fine exceeding that of the first summary order.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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