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(영문) 의정부지방법원 2019.05.30 2019노575
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for one month and six months) imposed by the court below is undue.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, on the grounds of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Comprehensively taking into account the following circumstances: (a) the lower court committed a crime of violating the Electronic Financial Transactions Act during the period of repeated crime; (b) the victim of fraud was not recovered; (c) the victim of fraud was sentenced to one year imprisonment due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims and the same person; (d) there was a history of having been punished several times due to the fabrication of fraudulent documents (in addition to imprisonment with prison labor for the said one year, three times as well as imprisonment with prison labor for the said one year; and (e) all sentencing conditions (such as the fact that the victim of the crime of fraud was fluorily punished); and (e) the Defendant’s assertion that the Defendant suffers from a new injury and treatment of the victim cannot be considered.

3. As such, the defendant's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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