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(영문) 의정부지방법원 2015.02.13 2014노2622
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not sell or provide alcoholic beverages to E, F, etc. or arrange for a loan in the time and place specified in the facts charged in the instant case.

Although the above E/F made a statement corresponding to the facts charged in the instant case, it is not reliable as a false statement to receive a monetary reward.

Nevertheless, the judgment of the court below which convicted the defendant on the grounds of the above E/F statement is unfair and erroneous.

B. The sentence imposed by the lower court (two years of suspended execution in August, and one hundred and sixty hours of community service) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of fact, the defendant argued the same as the grounds for appeal in this part, and the court below rejected the above assertion and sentenced the defendant guilty on the grounds as stated in the lower court’s judgment in the lower court’s summary of evidence. In light of the facts acknowledged by the evidence duly adopted and investigated by the court below, the court below’s above decision is acceptable.

B. The extent of the Defendant’s crime on the assertion of unfair sentencing is not very serious, and the Defendant’s family’s livelihood appears to be difficult while the Defendant is responsible for his/her family’s livelihood, etc. are favorable reasons for sentencing.

However, even if the Defendant had had had had had had had had had had had had had been sentenced several times of the same crime, the Defendant committed the instant crime, and the attitude that the Defendant had committed after the commission of the crime was bad, and even up to the trial, the Defendant does not seem to deny and reflect the instant crime, and in full view of all the circumstances, including the Defendant’s age, character and behavior, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the commission of the crime, etc., the sentence of the lower court is too excessive.

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