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(영문) 대전지방법원 2019.07.05 2018노2397
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In light of the circumstances, such as the fact that the means of access that the Defendant transferred was used for the criminal act of licensing, and that considerable damage was inflicted, the Defendant’s liability cannot be deemed to be light.

However, there is no evidence to prove that the Defendant directly participated in the above licensing crime, all of the crimes of this case are committed by the Defendant, and there is no record of punishment for the same kind of crime, and the circumstances that can be considered by the Defendant can also be acknowledged.

Comprehensively taking account of the above circumstances and the Defendant’s age, motive, and circumstances after the crime, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment differently, the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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