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(영문) 수원지방법원 2016.10.07 2016노1902
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court 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 full view of the following circumstances: (a) the means of access to which the Defendant transferred is used for scaming crimes; (b) the nature of the instant crime; (c) the Defendant recognized the instant crime; and (d) the background leading up to the instant crime; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) other circumstances that form the conditions for sentencing as indicated in the lower court’s sentencing deliberation process, including the following circumstances, the lower court’s punishment is too uneasible and does not seem to have exceeded the reasonable scope

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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