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(영문) 광주지방법원 2020.08.11 2019노2459
전자금융거래법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for 10 months, 2 years of suspended sentence, 160 hours of community service, 160 hours of confiscation, 10 months of suspended sentence, 2 years of suspended sentence, 160 hours of community service, 160 hours of confiscation, 13 and 14) of the lower court’s punishment is too uneasible and unfair.

2. In comparison with the judgment of the court below, there is no change in the conditions of sentencing in this court, and the sentencing of the court below is difficult to be deemed to have exceeded the reasonable scope of discretion. In addition, considering the conditions of sentencing specified in the pleadings of this case, such as the defendants' age, character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unjustifiable.

Therefore, prosecutor's assertion is not accepted.

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

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