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(영문) 대전지방법원 2019.09.04 2019노51
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. 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 aforementioned legal doctrine, the lower court determined punishment within a reasonable scope by fully taking into account all the circumstances regarding sentencing, including the following: (a) the Defendant’s physical card transferred by the Defendant was actually used for scaming crimes; (b) the Defendant’s consent to commit a crime; (c) the Defendant’s opposition to the previous crime; (d) the Defendant’s refusal to obtain a loan; and (e) the Defendant appears to have reached the instant case; and (e) there is no other circumstance to be newly considered in the trial; and (e) there is no motive, means, and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, by taking into account all the various circumstances that form the conditions for sentencing specified in the sentencing trial process of the lower court.

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

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