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(영문) 부산지방법원 2018.06.01 2018노1436

전자금융거래법위반

Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Reasons for appeal (unfair sentencing);

A. Defendant B’s punishment (two months of imprisonment) is too heavy.

B. Each sentence of the lower court against the Defendants by the Prosecutor (two months of imprisonment) is too somewhat somewhat minor.

2. Defendant B recognized all of the instant crimes in the first instance.

However, even if examining the above circumstances, considering all the conditions of the arguments and the records of the instant case, including various unfavorable circumstances (the crime of this case has been committed in a planned and intelligent manner) and favorable circumstances (the same time as the crime of this case has become final and conclusive with respect to the Defendants) presented by the court below in the reasons for sentencing, in light of the following factors: (a) the Defendants’ age character and character intelligent environment; (b) the motive means of the crime; and (c) the motive means of the crime; and (d) the circumstances after the crime, the judgment of the court below exceeded the reasonable limits of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant B and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal against the Defendants by Defendant B 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.