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(영문) 대전지방법원 2018.12.06 2018노1670
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment (two million won in penalty) that the court below rendered in an unfair sentence for sentencing is too uneasy and unreasonable.

2. The instant crime is deemed to have resulted in the commission of the crime of Bosing fraud, and there is a significant need for strict punishment. The actual occurrence of the instant crime is the victim of Bosing fraud, and the Defendant committed the instant crime during the period of repeated crime, which is only two months, due to murder, etc., during which the execution of imprisonment was completed, and the Defendant committed the instant crime during the period of repeated crime, which is only two months.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the defendant has no same criminal record, the fact that the defendant seems to have no profit actually acquired due to the crime of this case, and other factors of sentencing as shown in the records and arguments of this case, including the age, sex, environment, motive and means of the crime of this case, the circumstances before and after the crime of this case, etc., in this case, the punishment of the court below alone seems to be sufficient warning for the defendant (in case that the defendant again commits the same crime in the future, there is a clear warning that the defendant is no longer capable of being punished by a fine). 3. Thus, the prosecutor'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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