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(영문) 대구지방법원 2019.08.23 2019노1601

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and 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 health class, the lower court, based on the aforementioned legal doctrine, determined the punishment by comprehensively taking account of various circumstances as indicated in its reasoning, and there is no special circumstance or change of circumstances that may be assessed differently from the sentencing conditions of the lower court in the trial except the circumstances indicated by the lower court, and other circumstances that form the conditions for sentencing as indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it exceeds the reasonable

Therefore, prosecutor's assertion is without merit.

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