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(영문) 인천지방법원 2015.07.24 2015노1073
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no erroneous determination of facts that the Defendant has arranged for a female contact loan sent by F in a singing practice room.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

2. The following circumstances acknowledged by the court below based on evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, namely, ① the F has reversed the above statement in the court below, but it is difficult to find out circumstances to understand the reversal of the statement, and rather, it is difficult to find that the F has made a false statement at an investigative agency to view that the F has made a false statement before being punished, ② the telephone details between the defendant and F, ③ the relationship between the defendant and F (F was seeing the defendant several times at the time of entering into a loan or a contact with the defendant at the prosecution, but not personally, and the fact that the defendant and the personal purpose was not sufficient, and all of the phone calls were related to the loan brokerage, and thus, the judgment of the court below is just and justified in finding a mistake of facts as to the defendant's assertion of facts, in full view of the facts charged in this case.

3. In full view of the fact that the Defendant denies the instant crime until the party’s trial on the assertion of unfair sentencing, even though the court had the record of having received a summary order of KRW 700,000 as a violation of the Music Industry Promotion Act, the instant crime was repeated, and other various conditions of sentencing as shown in the records and arguments, such as the Defendant’s age and behavior environment, the circumstances before and after the commission of the crime, etc., the lower court’s sentence against the Defendant is too excessive.

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