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(영문) 인천지방법원 2020.11.13 2020노2862
전자금융거래법위반등
Text

Defendant

All appeals filed by the Defendants B and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant B (one year and two months of imprisonment, and confiscation) is too unreasonable.

B. Each sentence (two years of probation, probation, community service, confiscation, confiscation, and confiscation) sentenced by the lower court to the Defendants (two years of probation, one year and two months of imprisonment, one year and two months of confiscation, and one confiscation) are deemed to be too unfluent 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 records and arguments in this case, there is no change of circumstances that may consider the sentencing following the lower judgment, and taking into account the various sentencing conditions in the records and arguments, even if considering the circumstances asserted by Defendant B and the Prosecutor as the grounds for appeal, the lower court’s punishment on Defendant B is too heavy, or the lower court’s punishment on the Defendants is too unfasible, and thus, it does not seem to have exceeded the reasonable scope of discretion.

3. In conclusion, since the appeal against the Defendants by Defendant B and the Prosecutor is without merit, it is dismissed in entirety under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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