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(영문) 창원지방법원 2013.05.30 2013노215
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of suspended execution in six months of imprisonment, probation, and community service for 80 hours) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized each of the instant crimes and divided his mistake in depth; and (b) the Defendant again said that he would not commit the instant crime; and (c) the Defendant transferred the instant singing practice room to K, who is the Defendant’s misleading, and thus is less likely to repeat the crime.

However, the defendant has been punished by suspended execution and fine several times for the same crime, and the defendant was sentenced to one year of suspended execution for April on August 17, 201 to a violation of the Music Industry Promotion Act at the Jinwon District Court's Jinwon District Court's Jinju branch on December 16, 201, and the judgment became final and conclusive on December 16, 2011, and continuously operated the same kind of crime after changing only the name of the business operator in preparation for the control even during the suspended execution period, and again committed the same kind of crime. In full view of the defendant's age, character and behavior, intelligence and environment, motive, means, method and consequence of the crime, criminal records, and circumstances before and after the crime, etc., the defendant's argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.

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