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(영문) 대구지방법원 2018.04.25 2017노1541
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The judgment that the defendant lent the approaching medium for monetary compensation is disadvantageous to the defendant.

However, considering the fact that the Defendant did not have any history of punishment for the same kind of crime or the fact that the lending account was not used for the singishing crime, taking into account other favorable circumstances, and taking into account the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and result, and all of the sentencing conditions stated in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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

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