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수원지방법원 2019.05.30 2018노7291

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled 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). There is no change in the conditions of sentencing compared with the original judgment, as the new sentencing materials have not been submitted in the trial. In full view of all the reasons for sentencing as stated by the lower court, it cannot be deemed that the lower court’s sentencing is too unfeasible, and thus, exceeded the reasonable scope of discretion.

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