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(영문) 서울북부지방법원 2017.04.20 2017노161
전자금융거래법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

In addition, considering various circumstances, including the motive and background leading up to the instant crime, the situation before and after the instant crime, the defendant's age, sexual conduct, environment, occupation, family relation, etc., the punishment imposed by the court below is too heavy or unfasible, and thus, it cannot be deemed unfair. Thus, each of the unlawful arguments by the defendant and the prosecutor is without merit, since the defendant's punishment imposed by the court below is too heavy or unfasible.

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

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