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(영문) 대전지방법원 2019.06.12 2018노2458
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

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). In light of the aforementioned legal doctrine, the lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding sentencing, including the following: (a) the Defendant was aware that the Defendant was committing a crime and transferred it despite being aware that the check card was used for the crime; (b) there was no extenuating circumstance to deem that the Defendant was subject to criminal punishment exceeding the previous and fine; (c) there was no record of criminal punishment exceeding the previous and fine; and (d) the transfer of the check card was used for the scaming crime; and (b) there was no circumstance that may be newly considered in the trial; and (c) there was no other circumstance that could be newly considered in the trial of the lower court’s sentencing process, such as the motive, means, and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be too unhued and thus exceeding

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

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