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(영문) 부산지방법원 2020.04.23 2020노525
전자금융거래법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. Determination

A. According to the records, the lower court determined a punishment within the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court’s sentencing committee, taking into account various factors for sentencing, including: (a) the inferior nature of the crime in light of the details and methods of the crime; (b) the number of the stored crow cards or credit cards is not large; (c) the error is divided and contradictory; (d) whether the damage was finally caused by additional crimes; and (e) the fact that there was no record on criminal punishment

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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