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(영문) 수원지방법원 2018.01.16 2017노6981
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances for which the prosecutor claims for the reason of sentencing are unfair, are deemed to have already been reflected in the sentencing grounds of the lower court; the Defendant is the primary offender; the Defendant is the primary offender; the Defendant does not seem to have obtained any particular benefit from the instant crime; and other various circumstances, such as the motive, means, and consequence of the instant crime; and the circumstances after the crime, etc., which form the conditions of sentencing as revealed in the lower court’s sentencing trial process, it cannot be deemed that the lower court’s sentencing

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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