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(영문) 수원지방법원 2017.10.23 2017노3732

전자금융거래법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the fact that the crime of this case committed by the Defendant committed the crime of this case, considering the fact that the Defendant lent the access medium while promising to pay for the commission and that the access medium can be used for various criminal acts, the crime is not less than that of such crime, and the Defendant’s leased access medium actually used for other criminal acts, causing damage.

On the other hand, however, the defendant shows his attitude of misunderstanding and opposing himself, and this case has no economic benefits that the defendant actually acquired.

In addition, the defendant has no record of criminal punishment for the same crime.

Considering the circumstances unfavorable or favorable to the defendant, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, and other various conditions of sentencing as shown in the argument of this case, the punishment of the court below does not seem to be too heavy or unreasonable since it is within the proper scope of sentencing discretion.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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