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(영문) 서울서부지방법원 2017.08.10 2017노677
음악산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. Reviewing the reasoning for appeal ex officio before the judgment on the grounds for appeal, the following facts: ① the Defendant was sentenced to a conviction of a fine of two million won (hereinafter “former final judgment in this case”); ② the Defendant appealed against the above judgment, but the appellate court dismissed the appeal on April 21, 2016; ③ the Defendant appealed against the said judgment and appealed on May 10, 2014 to March 12, 2015, and the Defendant’s appeal was dismissed on May 10, 2014 to March 12, 2015, with the trade name “C”, and the Defendant’s judgment became final and conclusive on May 21, 2016 through the same date as the Defendant’s final judgment became final and conclusive, ④ the same facts as the Defendant’s final judgment in the same manner as the Defendant’s final and conclusive on June 21, 2016.

According to the above facts of recognition, the facts charged prior to April 21, 2016, which were the time when the appellate court rendered a final judgment, which was the final facts of the above judgment, among the facts charged in this case, are in the relation of a single comprehensive crime.

As such, the effect of the previous final and conclusive judgment of this case extends to the facts charged before April 21, 2016, which is the relation of the above comprehensive crime. Thus, this part of the facts charged should be sentenced to acquittal pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act as it falls under the time final and conclusive judgment is rendered.

Nevertheless, the lower court also convicted this part of the facts charged, and the lower court erred by misapprehending the law that affected the conclusion of the judgment, thereby exceeding the lower judgment.

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