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(영문) 인천지방법원 2020.10.23 2019노3080
전자금융거래법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, and eight hours of community service order) imposed by the court below on the defendant is too unhued and unreasonable.

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 following, there is no change in circumstances that may consider the sentencing after the lower judgment, and considering the various sentencing conditions in the records and pleadings of this case, the lower court’s sentence is too unjustifiable even if the prosecutor’s allegation as the grounds for appeal is considered, even if it is considered that the circumstance alleged by the prosecutor as the grounds for appeal is too un

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

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