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(영문) 서울중앙지방법원 2018.04.06 2018노185
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won) is too unreasonable and unfair (the Defendant asserted only unfair sentencing on the first trial date). 2. The lower court appears to have determined a punishment by reducing the penalty more than the fine amount of the summary order (3 million won) by fully taking into account all the circumstances regarding the sentencing of the Defendant into account, and there are no circumstances to be newly considered in the first trial. In full view of all other circumstances that serve as the conditions for sentencing specified in the argument and the record of the instant case, including the Defendant’s age, sex, environment, circumstances, means and method of committing the crime, etc., even if considering the circumstances asserted by the Defendant on the grounds of appeal, the Defendant’s assertion cannot be accepted, since it is too unreasonable because the lower court’s punishment was too too unreasonable.

3. In conclusion, 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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