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(영문) 부산지방법원 2016.11.25 2016노2550
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to commit the instant crime, the depth of his mistake is divided, and the quantity and amount of alcoholic beverages sold by the Defendant is a relatively small and small amount.

However, in full view of the following: (a) the Defendant sold alcoholic beverages in a singing practice room; (b) the nature of the crime is not less than that of the Defendant in light of the method and content of the crime; (c) the Defendant committed the instant crime even though he had the record of criminal punishment of a fine of KRW 700,000 as a result of the Defendant’s violation of the Music Industry Promotion Act; (d) there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment; and (e) other factors such as equity in sentencing with the same or similar incidents; (e) the Defendant’s age, character and behavior, character and environment, motive and circumstance of the crime; and (e) various conditions of sentencing specified in the instant argument,

Therefore, the defendant's above assertion is not accepted.

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

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