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(영문) 서울동부지방법원 2019.06.27 2019노288

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of three million won) by the lower court against the Defendant is too uneased and unreasonable.

2. The reasoning of the lower judgment and the record of the instant case, namely, the form of and degree of damage to the instant crime, the Defendant’s criminal records, and circumstances after the crime, are considered to have sufficiently taken into account all the circumstances including the grounds for sentencing asserted by the Prosecutor, and there is no special circumstance to ex post facto change the sentencing. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.

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.