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(영문) 수원지방법원 2018.06.29 2018노989
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 3 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

The judgment of the court below exceeded the reasonable bounds of its discretion in full view of the following factors: (a) the sentencing conditions in this court; (b) the Defendant was the primary offender and the Defendant’s confession and reflects his offense; and (c) the applicable sentences; and

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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