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(영문) 의정부지방법원 2018.04.05 2018노55
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3,000,000) is too uneased and unreasonable.

2. In our criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists 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. It is desirable to reverse the judgment of the first instance court for the sole reason that the sentence of the first instance falls within the reasonable scope of discretion, but is somewhat different from the appellate court’s opinion, and to refrain from imposing a sentence that differs from the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of all the factors indicated in the records of the instant case, the lower court’s sentencing was not deemed to have exceeded the reasonable scope of discretion, and thus, the prosecutor’s allegation of the unjust sentencing is without merit.

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

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