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(영문) 의정부지방법원 2020.05.21 2018노3388
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below against the accused (the confiscation of August, 2 years of suspended sentence, 80 hours of community service, 1 to 4) is too unfased and unreasonable.

2. The crime of this case pertains to the keeping of bank check cards with the knowledge that it will be used for the crime of this case.

The defendant seems to have committed the above crime with a conclusive intention.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

A defendant has not been convicted of having been notified of a fine of two million won due to the previous crime of injury.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the sentence of the court below is considered appropriate.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.

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