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(영문) 대구지방법원 2016.07.06 2015노5081
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of a fine of KRW 2 million imposed by the lower court is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unfair sentencing claims by the Defendant and the prosecutor, there is a history that the Defendant was ordered to suspend indictment for the same kind of crime, the access media that the Defendant transferred by the Defendant was actually used for the same crime, and the Defendant recognized the facts charged of this case and reflects his own mistake in depth, and there is no special change in circumstances that may change the punishment of the lower court after the original sentence, and there is no other reason to change the circumstances in the records and arguments of the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too heavy or unfair, and thus, the argument of unfair sentencing by the Defendant and the prosecutor is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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