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(영문) 수원지방법원 2018.08.09 2018노3351
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unfair because the punishment of the court below (the imprisonment of 6 months and the fine of 1 million won) 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 Decision 2015Do3260, Jul. 23, 2015). The circumstances in which a new sentencing data was not submitted in the trial before the court below, and there is no change in the conditions of sentencing compared with the lower court’s judgment, and the Defendant alleged for unfair reasons for sentencing are deemed to have already been reflected in the reasons for sentencing. In addition, the Defendant has a number of criminal offenses including two criminal offenses, and, in particular, the Defendant repeatedly commits the same offense even though three times or more of the criminal offenses were transferred to others, and the Defendant’s access media was used in the first instance court, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered to have exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

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