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(영문) 부산지방법원 2014.06.26 2014노1314
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. Although the Defendant’s mistake is in depth and reflected, and there is no extenuating circumstance to consider in favor of him/her, such as the fact that he/she has raised excellent children on his/her own after divorce, the Defendant, while operating a singing practice room, sells alcoholic beverages three times while running a singing practice room, and sells another alcoholic beverage again even if he/she had been punished three times or more.

Since it is discovered that the quality of the crime cannot be easily seen. Nevertheless, the court below ordered the reduction of the amount of fine determined by the summary order in consideration of the favorable circumstances as seen earlier, and there is no change of circumstances to be considered in the sentencing since the decision of the court below was made to the trial. In addition, considering the various circumstances such as the motive and circumstance of the crime in this case, the defendant's age, character and conduct, and environment, the amount of fine sentenced by the court below is not severe.

3. In conclusion, 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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