logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.13 2016노4105
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence sentenced by the first instance court (the penalty amounting to 5,000,000) on the summary of the grounds for appeal (the sentencing is unfair) is too unreasonable.

2. In this case where there is no change in the sentencing conditions that may be specifically considered in the appellate court’s judgment, considering the various circumstances described in the column of “reason for sentencing” in the judgment of the first instance, and the first instance court already rendered a sentence by reducing the amount of fine (7,00,000 won) under the summary order, taking into account the circumstances of the Defendant’s assertion, and other various circumstances, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is difficult to view that the sentence of the first instance court is unfair as it goes beyond the scope of the sentencing discretion, and it is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

arrow