전자금융거래법위반
All appeals by the defendant and the prosecutor are dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won) is too heavy or (3 million won) is too heavy to the Defendant.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking into account all the circumstances favorable to the Defendant and the unfavorable circumstances into account, determined the sentence against the Defendant, and committed the instant crime due to economic difficulties, etc., the circumstances alleged by the prosecutor, including the fact that the Defendant asserted on the grounds of appeal and the nature of the crime, are not good, and there is a need for strict mitigation, are also considered in the sentencing process of the lower court.
There is no special change in sentencing conditions in the past.
Considering the Defendant’s age, sexual conduct, environment, family relation, motive, means and consequence of a crime, etc., various circumstances constituting the conditions for sentencing as indicated in the records, such as the Defendant’s age, sex, family relation, criminal record, motive and consequence of the crime, etc., the lower court’s sentence against the Defendant is too heavy or unbrupted and unreasonable.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.