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(영문) 대구지방법원 2018.09.06 2018노2724

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The lower court rendered the said sentence by taking into account the favorable circumstances, such as the Defendant’s acknowledgement of the instant crime and reflection thereof, and the fact that there was no record of punishment for the same kind of crime.

Even in light of the circumstances that are disadvantageous to the Defendant’s nature of the crime, considering the following factors: (a) the transfer act of this case was only once more severe; (b) the Defendant’s favorable circumstances, such as the Defendant’s absence of identical criminal records; and (c) the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence; and (d) the scale of the crime and the circumstances after the commission of the crime, it cannot be deemed that the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion or is unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.