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(영문) 서울남부지방법원 2020.12.21 2018노2378
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below rejected all applications for compensation order filed by the applicant for compensation in the court below, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the part dismissing the application for compensation order was immediately determined and excluded from the scope of the judgment

2. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unhued and unreasonable.

3. 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 records and the trial process of this case, the lower court’s sentencing is too unhued and thus, is deemed to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is not accepted.

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

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