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(영문) 의정부지방법원 2017.11.09 2017노1599
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment with prison labor for a year and six months, a suspended sentence of three years, a surveillance of protection, a community service work, confiscation) imposed by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the wrongness of the defendant, the period during which the defendant participated in the crime of this case is short, and there are no profits gained from the crime of this case, and the defendant does not have a criminal record punished for the same crime.

However, even though the Defendant assisted the Defendant to commit the crime of violation of the Electronic Financial Transactions Act and committed one time to the investigation agency to arrest the accomplice and to cooperate in the arrest of the accomplice, the crime of this case was committed and the arrest of the accomplice is not good.

In addition, the crime of violation of the Korean Electronic Financial Transactions Act requires strict punishment for it, such as creating other property crimes.

The defendant has been sentenced to the suspended sentence of imprisonment with prison labor and has been sentenced to 11 times of his previous convictions.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit [the defendant alleged that the confiscation of subparagraph 3 (Aphone 1) of seized evidence is unfair, but in light of the fact that the defendant was notified by using subparagraph 3 of the evidence in the process of taking over the Chapter 2 of the access media of this case that he received a place to receive access media from his accomplice (the evidence No. 35,92 page 3 of the evidence record). Thus, the defendant's above assertion cannot be accepted, since the defendant's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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