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(영문) 광주지방법원 2019.09.18 2019노433

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) of the lower court is deemed to be too unhued and unreasonable.

2. In full view of the various sentencing conditions indicated in the records and arguments of this case, including: (a) there is no particular change in the sentencing conditions compared with the court below; (b) the defendant actively establishes a false corporation for the crime of this case; (c) there is no criminal power against the defendant; (d) there is no criminal power against the defendant; and (e) there is no direct victim in supporting the child; and (c) there is no direct victim in supporting the child; and (d) there is no direct victim in supporting the child of this case, the court below’s punishment is too unjustifiable and thus, it cannot be deemed unfair. Therefore, the 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 on the ground that it is without merit. It is so decided as per Disposition.