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(영문) 의정부지방법원 2016.07.12 2016노1291
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 6 months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and that he was the first offender.

B. However, in full view of the following circumstances: (a) the instant crime committed by 229 victims occurred; (b) the amount of damage also reaches KRW 95,123,700; (c) the victims did not agree with; and (d) the damage was not recovered; and (c) the Defendant’s age, circumstances leading to the commission of the instant crime; and (d) other circumstances that are conditions for sentencing specified in the instant pleadings, including the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, even if considering the aforementioned circumstances favorable to the Defendant.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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