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(영문) 수원지방법원 2016.05.26 2015노6109
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s grounds of appeal (unfair sentencing) the access media that the Defendant transferred was used for so-called “singing” crime, and the nature of the crime is not good in light of the fact that the damage caused by the “singing” crime and the social harm is serious, and that there is considerable possibility for the Defendant to block the same crime on the grounds of economic difficulty, etc., the lower court’s sentence that sentenced fines of KRW 2,00,000 is too unreasonable.

2. The Defendant’s mistake is against the Defendant, and the Defendant committed the instant crime due to economic difficulties in supporting three children, and the access media transferred by the Defendant was used to receive the money of gambling from the illegal gambling site, and was used for the crime of Bosing “ Bosing.”

In full view of the records and arguments of this case, such as the fact that there is no evidence to see that the defendant has been subject to criminal punishment, the fact that the defendant has no record of being subject to criminal punishment, and the age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the above assertion is without merit, since the court below’s punishment is too unfeasible and is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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