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(영문) 수원지방법원 2019.10.11 2019노3878
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no significant change in the conditions of sentencing compared to the original judgment as the materials for sentencing have not been submitted in the trial of the competent court, and comprehensively taking account of all the reasons for sentencing revealed in the oral argument of the instant case, the lower court’s sentencing is too unfluent and so it is difficult to deem that the lower court’s sentencing exceeded the reasonable scope of discretion.

3. The appeal by the public prosecutor is without merit, and thus dismissed under Article 364(4) of the Criminal Procedure Act.

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