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(영문) 부산지방법원 2016.07.15 2015노3562
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to commit the instant crime, the depth of his mistake is divided, and the quantity and the amount of sales of alcoholic beverages sold by the Defendant are relatively small and small and medium amounting to KRW 5 20,000 per share.

However, in full view of the following: (a) the Defendant sold alcoholic beverages in a singing practice room; (b) the nature of the crime is not less than that of the Defendant’s sales in light of the method and content of the crime; (c) the Defendant has served one sentence of imprisonment and two criminal penalties for a crime of double-class; (d) there are no extenuating circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment; and (e) other factors such as equity in sentencing with the same or similar incidents; (e) the Defendant’s age, sex, sex, environment; (e) motive and circumstance of the crime; and (e) various sentencing conditions specified in the argument of the instant case, such as the circumstances after the crime, etc.,

Therefore, we cannot accept the defendant's above assertion.

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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