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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
[Judgment on the Grounds for Appeal] The main points of the grounds for appeal (e.g., e., e., e., e., 3 million won) are too uneased and unfair.
However, each of the crimes of this case is favorable to the defendant, such as the fact that the defendant, a singing practice room business operator, arranged a contact loan once and allowed one juvenile to enter time to prohibit access by juveniles, and that the contents of the crime are not excessive, and that the defendant recognized a mistake and reflects it.
However, as a result of the Defendant’s violation of the Music Industry Promotion Act, the Defendant committed each of the instant crimes even though the previous conviction was six times, including a fine of KRW 1.5 million in 2006, fine of KRW 2 million in 2007, fine of KRW 3 million in 2010, fine of KRW 3 million in 2010, and fine of KRW 3 million in 2012, and the Defendant again committed each of the instant crimes, taking into account all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is deemed unfair, and the Prosecutor’s aforementioned assertion is with merit.
If so, the prosecutor's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3
Application of Statutes
1. Relevant Article on criminal facts, Articles 34 (2) and 22 (1) 4 (a) of the Music Industry Promotion Act (a point of adjacent loan brokerage), Articles 34 (3) 2 and 22 (1) 2 of the Music Industry Promotion Act (a point of access to juveniles other than the hours for admitting juveniles), and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution is advantageous to the grounds for reversal under Article 62(1) of the Criminal Act.