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(영문) 서울남부지방법원 2018.11.29 2018노613

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unfasible and unfair.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists a unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the health unit of the instant case, the Defendant appears to be against the Defendant’s recognition of all criminal acts, the Defendant has no record of domestic criminal punishment, the Defendant has no record of domestic detention for about one month, the Defendant appears to have been aware of the seriousness of the instant crime and has an opportunity to reflect it, and the Defendant appears to be forced to leave China after the judgment of this case becomes final and conclusive, and there is no change in circumstances or circumstances that can reflect the Defendant’s new elements of sentencing as a minor element of sentencing, and there is no reasonable motive for the Defendant to commit the instant crime, and there are no reasonable motive for the Defendant’s argument.

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