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(영문) 서울중앙지방법원 2014.11.07 2014노2688
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had not provided alcoholic beverages to male customers or arranged for a loan as stated in the facts charged in the instant case.

B. The first instance of the unfair sentencing decision (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the facts charged by the first instance court as to the assertion of mistake of facts, such as the developments leading up to the control of the instant business establishment, the business behavior revealed thereby, and the circumstances such as the circumstances leading up to which entertainment loans were made in company with male customers, as well as the facts charged by the first instance court, it can be sufficiently recognized that the Defendant, at the time of the control of the instant case, sold and provided alcoholic beverages to two male customers and arranged for a entertainment loan. Thus, the Defendant’s above assertion is without merit.

B. As to the assertion of unfair sentencing, the defendant made a confession on the part of the first instance court on the charge of the instant crime, and it appears that it would not be genuinely against the judgment by denying it again, and the investigative agency also has the attitude of avoiding liability by making a statement that he/she is operating the instant business establishment. The first instance court seems to have already reflected the factors of sentencing favorable to the defendant, such as the defendant's economic situation, by sentencing a fine of the amount reduced than the fine imposed by the summary order, and considering other various circumstances, including the defendant's age, character, character, environment, criminal records, motive and background of the instant crime, and circumstances after the crime, etc., the first instance court's punishment is not unreasonable, and therefore, the defendant's above assertion has no merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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