beta
(영문) 수원지방법원 2018.08.28 2018노835

전자금융거래법위반

Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing in the first instance court does not deviate from the reasonable scope of the discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court’s judgment on the ground that there is no change in the conditions of sentencing since new materials for sentencing have not been submitted in the trial at the first instance court, and in full view of all the reasons for sentencing specified in the records of the instant case, the lower court was too heavy

shall not be deemed to exist.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.