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(영문) 대전지방법원 2015.06.11 2015노435

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to confession and reflects the facts charged in this case; (b) the Defendant did not have any record of criminal punishment for the same kind of crime; and (c) the Defendant’s health and economic form is not good.

However, in full view of the nature and social impact of the instant crime, the amount of the penalty prescribed by the summary order and the lower judgment, and other various sentencing conditions prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., even if considering the favorable circumstances for the Defendant, it cannot be deemed that the fine imposed by the lower court is too unreasonable.

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 since it is without merit. It is so decided as per Disposition.