(영문) 수원지방법원 2018.08.27 2018노2117 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2018.08.27 2018노2117

전자금융거래법위반등

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The crime of this case is highly poor in light of the content of each crime, the circumstances in which the account transferred by the defendant was used for the actual crime, the number of crimes, the number of times of the crime, and the amount of damage inflicted thereon, etc., and there is no agreement with the victims of the crime of fraud or no recovery of damage therefrom. In particular, there was no agreement with the victims of the crime of fraud or any recovery of damage therefrom.

The crime of this case constitutes a repeated crime due to the same criminal record of fraud, and its possibility of criticism is more and more high.

However, in the meantime, the defendant shows the attitude of opposing the defendant's mistake, and the crime of this case has already been sentenced to imprisonment of 2 years and 6 months, and the crime of this case is in the relation of concurrent crimes between each of the crimes stated in the judgment of the court below and the latter after Article 37 of the Criminal Code, it is necessary to consider the equality in the case where

Considering the above circumstances that are disadvantageous to or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant does not seem to be too heavy or unreasonable as it is within the proper scope of sentencing discretion.

Each of the above arguments by the defendant and the prosecutor is without merit.

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

유사 판례

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