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(영문) 대전지방법원 2019.01.10 2018노1257
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The penalty imposed by the court below on the grounds of unfair sentencing (three million won of a fine) is too uneasible and unfair.

2. The instant crime was committed on the part of the Defendant, and thus, requires strict punishment. The instant crime was committed on the part of the Defendant, and the actual occurrence of the Plaintiff’s singishing fraud, etc. are disadvantageous to the Defendant.

However, in full view of the Defendant’s age, character and conduct, environment, motive and means of crime and consequences, and all of the sentencing conditions shown in the records and arguments, such as the circumstances that the Defendant recognized the instant crime, the Defendant was living without any criminal records, and the fact that the Defendant appears to have no profit from actual acquisition due to the instant crime, etc., the Defendant appears to be sufficiently given a sufficient warning to the Defendant even with the punishment imposed by the lower court in the instant case.

(3) If the defendant commits the same crime again, the prosecutor's appeal is without merit. Thus, 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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