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(영문) 광주지방법원 2018.01.17 2017노4286
전자금융거래법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime is not significantly good, and the frequency of the instant crime is not limited to once, strict punishment against the Defendant is required.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the instant case’s sentencing conditions, such as the Defendant’s age, sex, motive and consequence, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s above assertion is well-grounded. In so doing, it is reasonable to deem that the Defendant’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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