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(영문) 의정부지방법원 2016.11.16 2016노2619
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court’s sentence against the Defendant is unreasonable.

2. The following circumstances are that the Defendant recognized the crime and against whom the judgment was made, that there was no criminal record other than that of juvenile protective disposition, that the Defendant has yet to be young and have a child to be supported, that the Defendant suffers from depression, tuberculosis, etc., and that it is more desirable to support the Defendant himself/herself because his/her mother's health is not good.

However, the above circumstances appear to have been considered in determining the punishment by the court below, and this case is a case in which the court agreed to receive the amount corresponding to a certain percentage of the withdrawn amount with the knowledge that it could be used for the so-called “waling” crime and kept the means of access. The social harm caused by the crime of Bosing is very serious, and the crime of this case is naturally incidental to the crime of Bosing. Therefore, there is a need to strictly punish the defendant as it is necessary for the crime of Bosing, and there is no sentencing guidelines for the crime of violation of all the sentencing conditions of this case, including the circumstances (such as investigation record 47 pages), means, and consequence before and after the crime.

In full view of the above, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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