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(영문) 서울서부지방법원 2017.09.28 2017노614

전자금융거래법위반등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant

B.

Reasons

1. The decision of the court below (Defendant A: imprisonment with prison labor for 1 year and Defendant B: imprisonment with prison labor for 6 months) is too unreasonable.

2. In the case of Defendant B, the lower court’s punishment is too unreasonable, taking into account the following circumstances: (a) there are circumstances: (b) the Defendant B recognized the instant crime; (c) the instant crime was committed during the repeated crime period; (d) not only committed several times; and (e) there was no evidence from the victims; and (e) there was no significant change in circumstances in circumstances in the trial; (b) the Defendant A was sentenced to a short-term sentence compared to the Defendant A; and (c) other circumstances, such as the age, sex, intelligence and environment; (d) the background leading to the instant crime; (e) the method and method of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Defendant

In the case of A, multiple victims have recovered for a short period of time, and there is no unfavorable condition such as having the same power.

However, it is recognized that the court below's punishment is unfair on account of various circumstances, including Defendant A's age, sexual conduct, intelligence and environment, background leading to the instant crime, means and method of the instant crime, circumstances leading to the instant crime, etc., and the change of circumstances by receiving a letter from the victim four times in the first instance, the mental disorder of Grade 3 is not stable, such as coming from a mental and medical treatment for more than 20 years prior to the mental disorder of Grade 3, and the extent of damage is not significant, and the father wants to take care of his wife and the Defendant.

3. According to the conclusion, Defendant B’s appeal is dismissed, and Defendant A has a duty to reverse the judgment of the court below, and the part against Defendant A among the judgment below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the summary of the evidence;