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(영문) 부산지방법원 2015.12.10 2015노3011
음악산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for six months, two years of probation, and 80 hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The judgment of the Defendant denies the instant crime, and the Defendant has been punished for the same kind of crime while running a singing practice room. However, around 2012, the Defendant had been sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime in April, 201, etc. are disadvantageous to the Defendant.

However, considering the fact that the amount of alcoholic beverages sold by the defendant is not large, favorable circumstances, such as the fact that the defendant is placed in an economically difficult situation, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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