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(영문) 서울중앙지방법원 2019.06.13 2019노778
전자금융거래법위반
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 (one year of imprisonment) is too unreasonable.

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

2. In full view of the circumstances that the Defendant knowingly received and kept the means of access, such as the fact that he/she received and kept the means of access, and that he/she has no record of punishment, etc., circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance and process of the crime, circumstances after the crime, etc., the lower court’s sentencing judgment is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing asserted by the Defendant and the Prosecutor in this court are the circumstances that the lower court had already taken into account when determining the Defendant’s punishment, and it is difficult to view that there exists any change in circumstances to the extent that may be newly considered in

Thus, the court below's punishment is too heavy or unreasonable, and the defendant and the prosecutor's assertion are without merit.

3. Accordingly, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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