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(영문) 대구지방법원 2017.06.15 2016노5478
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfased in the sentence (2,00,000 won in penalty) declared by the lower court.

2. The lower court rendered the said sentence by taking account of favorable circumstances, such as the fact that the Defendant had no criminal conviction or fine heavier than that of the same criminal conviction or fine, and the fact that the Defendant is against the Defendant.

In light of the above circumstances, the court below took into account the facts that the Defendant appears to have not received the price for the instant crime, and comprehensively takes into account all the sentencing conditions, such as the Defendant’s age, sex, environment, health, circumstances leading to the Defendant’s crime, means and consequence, scale of the crime, and circumstances after the crime, the sentence imposed by the court below appears to be appropriate, and the judgment of the court below exceeded the reasonable limit of 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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