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(영문) 광주지방법원 2018.08.08 2018노1531
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is not good, and that the Defendant again committed the instant crime during the period of suspension of execution, strict punishment against the Defendant is necessary.

However, considering the conditions of sentencing specified in the pleadings of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the court below is deemed appropriate and is too heavy or unreasonable, and thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That since it is obvious that the appeal by the court below Nos. 2, 14, and 15 is a clerical error, the judgment of the court below is to be deleted under Article 25(1) of the Regulation on Criminal Procedure and it is corrected as it is.

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