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(영문) 대구지방법원 2018.04.05 2017노5776
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The lower court sentenced the above punishment by taking into account the favorable circumstances, such as the Defendant’s absence of any criminal history, the economic benefits acquired by the instant case, and the Defendant’s first report on the loss of the equipment to minimize the singishing damage.

In full view of all the sentencing conditions, including the Defendant’s age, sexual conduct, environment, circumstances leading to a crime, means and consequence, scale of the crime, and circumstances after the crime, etc., that there is no change in circumstances that may change the sentencing of the lower court in addition to the circumstances considered above, the lower court determined that the sentence imposed on the Defendant was appropriate, and that the lower court’s sentencing judgment exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so unreasonable to the extent that the lower court ought to be reversed.

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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