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(영문) 인천지방법원 2020.09.24 2020노2264

전자금융거래법위반등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (the defendant A: imprisonment with prison labor for August and the defendant B: one year) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. The fact that the defendants led to the confession of the crime, and the defendant A was the first offender, and the defendant B had no record of criminal punishment exceeding the fine is a favorable condition.

On the other hand, the defendants' crime is used as a means of other crimes, such as scam, and the social harm caused by the crime is serious, and the crime is serious in light of the law and degree of participation in the crime.

In full view of the aforementioned circumstances and the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as indicated in the instant case, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the Defendants and the prosecutor’s argument of unreasonable sentencing is without merit.

3. In conclusion, since the appeal by the Defendants 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.