beta
(영문) 대구지방법원 2018.11.15 2018노3672

전자금융거래법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court, based on the favorable circumstances, sentenced the above sentence, taking into account the following factors: (a) the nature of the instant crime is grave; (b) the Defendant committed the instant crime against the Defendant; (c) the benefits derived from the instant crime were not significant; and (d) the punishment was imposed once every 30 years, and there was no other criminal history, in addition to the punishment imposed once a fine was imposed.

In full view of the fact that there is no change of circumstances in the lower court’s sentencing in addition to the unfavorable circumstances considering the lower court’s consideration, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, background leading to the commission of the crime, means and consequence, circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion or maintaining them as it is is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, each of the unfair grounds for sentencing by the Defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.