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(영문) 부산지방법원 2020.11.13 2020노1234
음악산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 80 hours of probation and community service order) declared by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

In addition, the crime of this case cannot be deemed to be light of the nature of the crime in that it is not only a crime that harms the sound business order of singing practice room, but also a deviation of citizens, and the defendant committed the crime of this case again even though he had been already punished six times due to the same crime. In full view of all the factors such as the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, motive leading up to the crime of this case, and circumstances before and after the crime, etc., the sentencing of the court below is too excessive and so it cannot be said that the sentencing of the court below exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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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