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(영문) 서울남부지방법원 2018.02.01 2017노2016

공전자기록등불실기재등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant's living was difficult, the defendant committed the crime of this case in depth, the defendant's mistake was divided in depth, the defendant transferred his access media, did not participate in the subsequent crime, and the defendant's social relation is obvious, etc., the punishment sentenced by the court below (10 months) is too unreasonable.

B. In light of the fact that the prosecutor defendant established four falsely corporations, opened and transferred a number of copies of bankbooks, and received a considerable amount of price, etc., the punishment sentenced by the court below (ten months of imprisonment) is too uneasible and unfair.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The judgment below

There are no special circumstances or changes in circumstances that will be newly considered after the sentence.

It is reasonable to take into account the fact that the defendant is a primary offender, the relationship between his family and his family is clear, the fact that the defendant committed a crime because economic situation is difficult, and the defendant opened an account by using it at the sports gambling site, but did not participate in the specific crime using the access media.

However, in full view of the following facts: (a) the Defendant established a false corporation; (b) opened an account; (c) transferred the account; and (d) the number of times of such transfer was high and long; and (c) the amount received in return is up to KRW 9.8 million; and (d) the Defendant’s age, sexual conduct, environment, and motive for committing a crime; and (b) the lower court’s punishment is not deemed too somewhat somewhat somewhat less or unreasonable, taking into account various sentencing conditions as indicated in the instant records and arguments, including

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