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(영문) 서울남부지방법원 2021.02.08 2020노1238

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (3 million won in penalty) is too unhued and unfair.

2. In a case where there is no change in the terms and conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In the first instance court, there is no change in the terms and conditions of sentencing compared to the lower court since new materials for sentencing have not been submitted in the trial court. In full view of all the reasons for sentencing as stated by the lower court and the reasons for sentencing as indicated in the instant records and the trial process, it is not recognized that the lower court’s sentencing was too unfford and exceeded the reasonable scope of discretion.

The prosecutor's assertion is not accepted.

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.