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(영문) 대구지방법원 2018.05.17 2018노1091
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Even in light of the unfavorable circumstances that the Defendant’s nature of the offense was not somewhat weak, the lower court’s sentencing judgment cannot be deemed unfair as exceeding the reasonable bounds of discretion or maintaining it as it is, in full view of the favorable circumstances, such as that the Defendant’s transfer of access media was limited to once, that the Defendant was aware of and against the time of committing the offense, that the Defendant had no record of criminal punishment, and that there was no record of criminal punishment against the Defendant, and all other sentencing conditions, including the Defendant’s age, sexual behavior, environment, circumstances leading to committing the offense, means and consequence, scale of the offense, and circumstances after committing the offense (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, as asserted by the Prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as the sentencing of the lower court ought to be reversed, as otherwise alleged by the Prosecutor.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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