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(영문) 대구지방법원 2018.05.17 2018노1040

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. Even in light of the unfavorable circumstances that the Defendant’s nature of the offense was not negligible, the transfer of each approaching medium by the Defendant was only once, the Defendant appears to have an attitude against the Defendant when committing the offense, and the Defendant has no record of criminal punishment, as well as all other sentencing conditions, including the Defendant’s age, sex, environment, circumstances leading up to committing the offense, means and consequence, scale of the offense, and circumstances after committing the offense, it cannot be deemed unfair to have exceeded or maintain the lower court’s sentencing judgment as it goes beyond the reasonable bounds of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, as asserted by the Prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as the Defendant ought to be reversed, as otherwise alleged by the Prosecutor.

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.