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(영문) 수원지방법원 2017.06.09 2016노9014
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 (4 million won in penalty) is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 4 million, taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of the facts that are the conditions for sentencing in the trial, in particular, the fact that the defendant has no record of being punished for the same kind of crime, the sentencing judgment of the court below exceeded the reasonable scope of discretion, by taking account of the sentencing guidelines.

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

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, the prosecutor's improper argument of sentencing is without merit.

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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