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(영문) 대전지방법원 2020.08.13 2019노2579
여신전문금융업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the lower court’s sentencing (e.g., a fine of 6 million won) is unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that 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, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) the lower court sentenced the aforementioned sentence to the Defendant on the grounds of sentencing as indicated in its reasoning for sentencing; (b) the Defendant led to confession and reflects against the Defendant; (c) the first offender who has no criminal record; and (d) there is no benefit from the instant crime; and (b) the circumstances favorable to the sentencing alleged by the Defendant in the trial are considered to have been determined by the lower court; (c) the period of the crime is a relatively long period of one year; (d) the Defendant’s transaction amount by pretending to sell goods by means of the card-based “number of card-based tin” method; and (e) the Defendant was sentenced to a fine in the lower court, the lower court’s judgment does not seem to have exceeded the reasonable scope of discretion; and (e) the lower court’s sentencing is reasonable to respect the sentencing of the lower court on the grounds of having no particular change

Therefore, the defendant's assertion is accepted.

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