beta
(영문) 서울북부지방법원 2013.11.15 2013노1118

전자금융거래법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the court below is based on the following: (a) the instant crime was committed closely and systematically against many and unspecified persons in a way that is closely planned and organized so that many and unspecified victims may suffer significant damage in a short period; and (b) there is a need to strictly punish a person who participated in the crime on account of structural characteristics that are not easy to recover from damage; (c) the degree of the Defendant’s participation is not easy; and (d) there is no agreement with the victims.

However, in full view of the following circumstances: (a) the Defendant’s confession of the instant crime and the primary offender who is merely 23 years of age; and (b) the Defendant’s benefits acquired by the instant crime are insignificant; and (c) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence, etc.; and (d) the lower court’s sentencing conditions are too heavy or unbrupted, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25 of the Rules on Criminal Procedure, the judgment of the court below is inserted in the front part of the 6th day of the 3rd day of the same month, “the physical card in the name of the injured party C is taken out on or around the 22th day of the same month.”