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(영문) 수원지방법원 2017.10.20 2017노3749
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 3 million, taking into account the favorable and unfavorable circumstances to the Defendant.

When comprehensively considering the conditions of sentencing in the trial, in particular, that the sentencing of the court below exceeded the reasonable scope of discretion when comprehensively considering the fact that the defendant has no same criminal record, the form of the sentence, and the sentencing guidelines.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

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

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