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(영문) 광주지방법원 2017.12.14 2017노622
전자금융거래법위반
Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against Defendant C (the amount of KRW 5 million) is too unreasonable.

B. The lower court’s sentence against Defendant B of the Prosecutor (1.5 million won in penalty) is too unhued and unreasonable.

2. Determination

A. In light of various circumstances revealed in the instant pleadings, such as the Defendant’s past record (3 times before and after the end of the same year), the period of gambling, and the scale of the money, the lower court’s punishment against Defendant C is too large and unreasonable, and thus, the Defendant C’s assertion is not acceptable.

B. In light of the following circumstances, the Prosecutor’s assertion on the Prosecutor’s unfair determination of sentencing against Defendant B is unreasonable because the Defendant’s punishment against Defendant B is too unfasible and unreasonable, and thus, the Prosecutor’s assertion is not acceptable, inasmuch as the lower court’s punishment against Defendant B is too unfasible.

3. Conclusion, Defendant C and the Prosecutor’s appeal are all groundless, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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