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(영문) 대구지방법원 2017.04.27 2016노4905
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The lower court determined that the instant crime may be abused as a means of another crime, as well as impairing the safety and trust of financial transaction, and may be abused as a means of another crime; the access media that the Defendant transferred by the Defendant is also used for another crime; and the Defendant has had the record of having already been placed in two times in violation of the same Act; the lower court sentenced the instant punishment by taking into account the favorable circumstances, such as the fact that the Defendant led to the confession of the instant crime; and that there was no record of criminal punishment.

In light of the circumstances that take into account the aforementioned unfavorable circumstances as well as the favorable circumstances, taking into account the Defendant’s age, sex, environment, background leading up to the Defendant’s crime, means and consequence, size of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof 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 far as it ought to be reversed.

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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