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(영문) 의정부지방법원 2020.01.09 2019노463
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is deemed unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Examining the circumstances indicated on the grounds of sentencing (the means of access transferred by the Defendant was actually used for the singinging, the Defendant appears to have been aware of the possibility that the means of access transferred by himself/herself could be used for the singinging, because he/she had a record of having been sentenced to the suspension of indictment for the same kind of crime, such as the failure to attend a trial, etc., and the attitude of the court below is unfaithful, such as the failure to attend the trial, and the Defendant repaid all the victims of the singing, except two victims who are not aware of contact address, and the amount repaid exceeds seven million won, and the amount of non-paid damages exceeds 1.5 million won, etc.) as well as all sentencing conditions (the fact that the trial at the trial at the trial at the trial at the trial at the above time was proceeded by publication) as the reasons for appeal by the prosecutor, and thus, the prosecutor’s allegation of the court below is unreasonable.

3. The prosecutor's appeal of conclusion 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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