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(영문) 인천지방법원 2020.11.06 2020노2441
전기통신사업법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both punishment and imprisonment) imposed by the lower court on the Defendant is too 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 addition, there is no change in circumstances that may consider sentencing after the lower judgment, as well as the act of violating the Electronic Financial Transactions Act and the act of violating the Telecommunications Business Act, such as the instant crime, are the basis for other serious crimes, such as scaming fraud, and the Defendant committed each crime in the judgment during the period of repeated crime due to the crime of violating the Electronic Financial Transactions Act, and the frequency and period of each of the instant crimes, even if considering the circumstances asserted by the Defendant, it does not seem that the lower court’s punishment against the Defendant is too excessive and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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