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(영문) 서울중앙지방법원 2014.08.21 2014노2120
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (two million won of fine) is too unreasonable.

2. There are extenuating circumstances such as the fact that the defendant made a confession of the crime of this case and misunderstandings in depth, that the defendant has no record of punishment of imprisonment without prison labor or heavier punishment, that the defendant is economically unsured, and that the defendant supports both children alone.

However, in full view of the fact that the Defendant committed the instant crime even if he/she had been punished four times as a fine for the same crime, and other circumstances that form the conditions for the pleadings and the sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s sentence is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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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