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(영문) 수원지방법원 2019.05.10 2018노8084
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy or unreasonable to 4 million won of a fine.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstances alleged by the Defendant (such as the circumstances leading to the commission of a crime) and the circumstances alleged by the prosecutor (such as the fact that there are considerable records of criminal records against the Defendant, and the fact that the instant crime is a crime committed during the period of repeated crimes) appear to have been already considered in the sentencing process of the lower court.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant did not have the same power to commit the instant crime; and (c) the Defendant’s character and conduct, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s sentence cannot be deemed as excessive or unreasonable because it goes beyond the reasonable scope of discretion.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, 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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