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(영문) 대구지방법원 2018.05.18 2017노5777

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. The act of lending an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single-scaming, and there is a need to strictly punish and eradicate it, and the fact that the access medium leased by the Defendant was actually used for the criminal act of licensing, etc. is disadvantageous.

On the other hand, it is advantageous to the fact that the defendant recognized the crime of this case and reflected his mistake, that the defendant directly participated in or aided the crime of Bosing, and that the defendant seems not to have been aware of the details of the crime, that the defendant is the first offender who has no power to impose any criminal punishment, and that he did not repeat the crime.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

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