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(영문) 수원지방법원 2018.04.27 2017노7379
음악산업진흥에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unafford and unfair because of the lower court’s punishment (7 million won in penalty). The Prosecutor asserts that the prosecutor is too unafford and unfair.

2. The fact that the defendant's mistake is recognized and is against his/her will is favorable to the defendant.

On the other hand, even though the defendant had been punished several times due to the same crime, he/she again committed the crime of this case, etc. that is disadvantageous to the defendant.

Considering the above circumstances and other comprehensively taking into account the following circumstances and the conditions of sentencing indicated in the record, including the balance of sentencing with the same kind of case, Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to view the lower court’s punishment as too heavy or unreasonable, even if there is no change of circumstances to be assessed differently from the sentencing conditions of the lower court.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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