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(영문) 의정부지방법원 2017.07.20 2017노1324

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment, confiscation) is too unreasonable.

2. It is recognized that the judgment reflects the defendant's wrong and the defendant's living is difficult.

However, the crime of violation of the Electronic Financial Transactions Act is likely to cause other property crimes, and its social harm is serious, so it requires strict punishment.

The defendant has a lot of times to commit a crime by storing, delivering, and distributing access media over 22 times in total.

The defendant committed the crime of this case during the period of repeated crime due to the crime of immigration offense.

The accused has been sentenced to three times of punishment and has been sentenced to six times of imprisonment, including the previous convictions.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.