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(영문) 부산지방법원 2016.08.26 2016노1450
음악산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is acknowledged in light of the following circumstances: (a) the Defendant sold 5 Crerier in a singing practice room, which is not less than that of the case; and (b) the Defendant had six or more times of punishment for the same kind of crime.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against the mistake; (b) the Defendant’s performance of the music practice operated by the Defendant appears to be discontinued due to the redevelopment project; and (c) the process and consequence of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s character, character, environment, and age; and (d) the conditions for sentencing specified in the instant records and arguments, the lower court’s punishment is too unfeas

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit. It is so decided as per Disposition (see Article 25(1) of the Rules on Criminal Procedure, however, by ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, “five Macju” as “five Macju” among the facts constituting the crime of the lower judgment.

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