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(영문) 인천지방법원 2018.06.21 2017노3215

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. As to the crime of this case, the crime of this case is recognized as providing a tool or portrait for committing another crime with severe social harm, such as “singing,” or “illegal sports gambling,” and the nature of the crime is not good. The account linked to the media that the Defendant leased was actually used for the singinging crime, and the Defendant had a record of criminal punishment several times including punishment for the singing crime.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and reflects his mistake; (b) there is no record of criminal punishment for the same crime; (c) the criminal proceeds derived from the instant crime appears to be gross; (d) the lending of one-way access medium; (b) the equity of sentencing with the same and similar cases; (c) there is no special change of circumstances that may be newly considered after the pronouncement of the lower judgment; and (d) other sentencing conditions indicated in pleadings, such as the Defendant’s age, sex behavior, environment, means and method of the crime; and (e) the consequence, the circumstances after the crime, etc., the sentence imposed by the lower court is too una

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

However, Article 189 of the Criminal Procedure Act shall apply to the bearing of litigation costs.