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(영문) 서울중앙지방법원 2014.12.12 2014노2777
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, such as the mistake of facts as to the mediation of a contact loan, merely arranged to have a male descendant with other female customers, but did not arrange a contact loan.

B. In light of the fact that the defendant is subject to a disposition of suspension of business as the instant case, the first instance court’s punishment (basic fine of three million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts in the first instance court, the first instance court, with the same argument as the reasons for appeal in this part, shall reject the above argument in detail under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment. If the judgment of the first instance court is compared with the evidence, it is just and acceptable, so the above argument by the defendant is without merit.

B. In full view of the circumstances, including the developments leading up to the instant crackdown, the profits acquired by the Defendant from the instant crime, the circumstances after the instant crime, the statutory attitude, the Defendant’s age, character and conduct, environment, and criminal records, as well as various circumstances that are the conditions for sentencing as shown in the records and arguments, even considering the grounds for the Defendant’s assertion, the Defendant’s assertion does not seem to be unreasonable, and thus, is not reasonable.

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

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