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(영문) 수원지방법원 2019.07.03 2019노2124
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the background leading up to the instant crime due to the financial difficulties of the Defendant, the confession and reflect of the Defendant, and the family relationship of the Defendant, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

B. In light of the fact that the prosecutor had the same criminal history as the defendant, and that the defendant committed a repeated crime during the period of a repeated crime that served as a means to withdraw the singishing, the sentence of the court below is too uneased and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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