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(영문) 부산지방법원 2018.11.29 2018노3042
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although there is a large number of alcoholic beverages sold by the Defendant, the Defendant has a history of having been punished several times for the same crime, and the lower court has determined the penalty in consideration of such overall circumstances.

There is no new circumstance to change the sentence of the lower court in the trial at the lower court, and where the lower court comprehensively takes into account various sentencing conditions, such as the Defendant’s age, sex, criminal conduct, law and circumstances, and the circumstances after the crime, which were revealed in the hearing at the lower court and the party deliberation, the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not hot.

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

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