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(영문) 대구지방법원 2019.05.15 2018노4462
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The lower court, on the other hand, determined a sentence against the Defendant by taking account of the circumstances favorable to the Defendant, such as the fact that the Defendant was aware of and against the instant crime, the fact that the benefits derived from the instant crime were not significant, and that the Defendant was the first offender, etc.

Comprehensively taking account of the conditions of sentencing as shown in the records and arguments, the Prosecutor’s assertion is without merit, since the sentencing of the lower court is not deemed to have exceeded the reasonable scope of discretion.

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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