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(영문) 대구지방법원 2018.05.31 2017노5327
전자금융거래법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (one year of suspended execution and 40 hours of community service, and 5 million won of fine in case of Defendant B) is too unfasible.

2. Determination

A. Even in light of the unfavorable circumstances that Defendant A’s nature of the offense was not negligible, it cannot be deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion or is unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Prosecutor’s allegation in this part of the judgment is without merit, in full view of the following: (a) Defendant A’s age, sex, environment, background leading up to the crime, means and consequence; (b) Defendant A’s principal case appears to have no profit from the crime; and (c) Defendant A’s age, sex, environment, means and consequence leading up to the crime; (d) the scale and consequence of the crime; and (e) all of the sentencing conditions, including the circumstances after the crime, etc.

B. Even in light of the unfavorable circumstances that Defendant B’s nature of the offense was not less light, it cannot be deemed that the lower court’s sentencing judgment exceeded the reasonable bounds of discretion or is unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Prosecutor’s assertion on this part is without merit, in light of the following: (a) the Defendant B appears to have no record of punishment; (b) the Defendant B’s confession, and attitude against the Defendant B; and (c) the Defendant B appears to have no profit from the principal case; and (d) the Defendant B’s age, sex, environment, background and consequence leading to the commission of the offense; (b) the scale and consequence of the offense; and (c) all of the sentencing conditions, including the circumstances after the commission of the offense.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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