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(영문) 대전지방법원 2020.12.16 2020노328
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) it is reasonable to pose a risk of repeating a crime by repeating the instant crime under the same several laws, such as repeating the instant crime; and (b) considering that the means of access leased by the Defendant was used in the Bosing crime and the necessity of strict punishment for the crimes of Bosing, the lower court’s punishment (fine 2.5 million won) is too unreasonable.

2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds for appeal are deemed to have been sufficiently taken into account when determining the punishment in the court below. The Defendant, except for the punishment imposed once a minor fine, did not have any specific means of punishment, and the Defendant is in depth divided into the facts at the time of committing the instant crime, and the circumstances that may be considered in light of the circumstances leading to the instant crime, and the economic benefits accrued from the instant crime are deemed to exist. Furthermore, considering the following factors: Defendant’s age, character and conduct, environment, background, means and consequence of the instant crime, etc., the sentencing judgment of the court below cannot be deemed to have exceeded the reasonable scope of discretion, and thus, it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

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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