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(영문) 대구지방법원 2018.05.03 2017노5773
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible that the sentence imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service work 120 hours) is too unf

2. The lower court sentenced the above punishment by taking account of the circumstances favorable to the fact that the instant crime was organized, planned, and repeated crimes, the Defendant took economic benefits by the instant crime, the access media transferred by the instant crime was used for the illegal Internet gambling site operation, the Defendant was living for a considerable period of time, and the Defendant was living for an illegal flight, the liquidation of the flight life of the Defendant, voluntary attendance, reflects the mistake, and the overall initiative of the instant crime appears to be D, and the overall initiative of the instant crime appears to have been D, and there was no previous conviction for the same kind of crime beyond the fine.

In addition to the circumstances considered by the lower court, comprehensively taking account of the following: (a) the Defendant’s age, sexual conduct, environment, health, circumstances leading to the commission of the crime, means and consequence, size of the crime, and circumstances after the crime, etc., that there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment; and (b) the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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