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(영문) 수원지방법원 2019.07.18 2018노7439
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court 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). Circumstances alleged by the Defendant on the grounds of unfair sentencing, i.e., the Defendant’s recognition of and opposition to the offense, and the primary offender, etc. have already been reflected in the sentencing of the lower court.

In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., there was no change in the sentencing conditions compared with the original judgment, and the sentencing conditions indicated in the instant arguments and the record, the lower court’s sentencing is too unreasonable because of its lack of reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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