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(영문) 대구지방법원 2018.10.10 2018노2653

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The crime of transferring, lending, etc. access media is an unfavorable circumstance to the Defendant that requires strict punishment, such as undermining the general public’s trust of persons in the name of financial transaction, obstructing the arrest of persons committing various crimes, such as online gambling, Bosing fraud, etc., and the recovery of victims’ damage.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime; and (c) the Defendant did not have any other criminal history except for the punishment of a fine of one million won due to the violation of the Road Traffic Act in 2004; and (d) the Defendant’s age, sex, environment, family relationship, circumstances leading to the instant crime; (b) the means and consequence; and (c) all of the sentencing conditions specified in the records and arguments, including the circumstances after the commission of the crime; (c) the sentence imposed by the lower court was appropriate and the judgment of the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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 appeal is without merit. It is so decided as per Disposition.