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(영문) 서울남부지방법원 2020.12.07 2020노801

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment of a fine of three million won) sentenced by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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). In light of the following: (a) there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted at the trial court; and (b) in full view of the reasons for sentencing as stated by the lower court and the reasons for sentencing as indicated in the instant case records and the trial process, the lower court’s sentencing is too large and thus, is not recognized to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is not accepted.

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