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(영문) 대구지방법원 2018.11.14 2018노2091
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The crime of transferring, lending, etc. access media is an unfavorable circumstance to the Defendant that requires strict punishment, such as undermining the general public’s trust of persons in the name of financial transaction, obstructing the arrest of persons committing various crimes, such as online gambling, Bosing fraud, etc., and the recovery of victims’ damage.

However, considering the fact that the Defendant recognized and reflected the instant crime, the first offense was favorable, and the circumstances favorable to the first offense, and taking into account the Defendant’s age, sex, environment, family relationship, circumstances leading to the commission of the instant crime, means and consequence, and all the conditions of sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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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