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(영문) 광주지방법원 2018.10.31 2018노2501
전자금융거래법위반
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the instant crime is not good, and that the Defendant again committed the instant crime during the period of suspension of execution, strict punishment against the Defendant is necessary.

However, the Defendant’s mistake is divided, and the crime of this case is in the relation of fraud for which the judgment has become final and the concurrent crimes of the latter part of Article 37 of the Criminal Act, and the equality with the case to be judged at the same time pursuant to Article 39(1) of the Criminal Act should be considered. Considering the sentencing balance with the same kind of crime, the defendant’s age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or too unreasonable. Thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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