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(영문) 서울중앙지방법원 2017.08.25 2017노2216
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's punishment (one year of imprisonment) declared by the court below is too unreasonable.

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

2. We examine the reasoning of the judgment and the prosecutor together.

Since the crime of distributing the access media, such as this case, is likely to be used for other crimes and cause secondary damage, it is necessary to strictly punish the crime.

The crime of this case is for the commission of the Bosing crime, which is organized and planned, and the distribution role of the withdrawal passbook in charge of the defendant is small in the organization of the crime.

shall not be deemed to exist.

Before committing the instant crime, the Defendant was punished as a violation of the Electronic Financial Transactions Act.

In this respect, the criminal liability of the defendant is not somewhat weak.

However, the defendant is showing the attitude to make a confession of all the crimes of this case and to reflect his mistake in depth.

The Defendant seems to suffer economic difficulties, and the Defendant appears to have committed the instant crime. The amount that the Defendant promised to receive in return for the instant crime is about KRW 200,000.

It is not easy for the defendant to participate in the crime for a day.

In addition to these various circumstances, the appellate court did not have any special circumstances or changes in circumstances that may be newly considered in sentencing, and taking full account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all the conditions of sentencing as shown in the records and arguments of this case, including the circumstances after the crime, the court below exceeded the scope of reasonable discretion in sentencing because the Defendant’s sentence is too heavy or unfluent.

subsection (b) of this section.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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