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(영문) 수원지방법원 2013.09.25 2013노2730
음악산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the suspended sentence of KRW 500,000,000) is too unhued and unreasonable.

2. The fact that the Defendant, while operating a singing practice room through non-registration, was punished by a fine on two occasions in 2012 due to the act of selling alcoholic beverages to customers or arranging a customer with a profit-making intention, is disadvantageous to the Defendant.

However, in light of the following circumstances: (a) alcoholic beverages sold by the Defendant to customers by the instant crime are can be deemed to be a beer one can; (b) there are extenuating circumstances for the Defendant to take into account the degree of the offense; (c) there is no criminal history exceeding the fine; and (d) the Defendant’s age, character and conduct, family environment; and the motive, background, means, methods, and consequences leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed to be too unjustifiable and thus,

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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