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(영문) 서울중앙지방법원 2015.03.18 2015노38
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the first instance court is too unhued and unreasonable;

2. The Defendant is against his/her will while attempting to commit a crime.

Although there is a history of punishment for the accused, it is not the previous one.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and background of the offense, circumstances after the offense, balance of sentencing with the same kind of case, and all the sentencing conditions shown in the pleading, the first instance sentence is too uneasy and is not unfair.

The prosecutor's assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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