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(영문) 서울북부지방법원 2018.12.21 2018노1531
자본시장과금융투자업에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 years of imprisonment, 20 million won of fine) is too unreasonable;

2. The fact that the decision-making defendant led to the confession of the crime of this case, and the fact that each of the crimes of this case is committed before the previous judgment and the final judgment should be considered together with the case where the decision was made, is favorable to the defendant.

However, if there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Each of the instant crimes was issued and distributed a so-called Dob-b-b-b-b-b-b-b-b-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-p-c-c-c-c-c-c-c-c-c-c-p-c-c-c-p-c-c-c-p-c-c-c-c-p-c-c-c-c-c-c-c-p-c-c-p-c-c-ing-c-c-c-c-c-ing-c-c-c

It does not appear.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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