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(영문) 부산지방법원 2018.03.15 2017노4787
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (1,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. The crime of this case, based on the judgment, is deemed to have been transferred by the Defendant by delivering his/her physical card to a person who is not his/her name, and the circumstances unfavorable to the Defendant, such as the fact that the relevant crime is heavy, are recognized in light of the content of the crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, that the defendant is the first offender who has no record of criminal punishment so far, and that our Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant recognized earlier do not constitute a special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and do not seem to be unfair because the defendant's punishment of the defendant is too unscheduled, considering the circumstances that are the conditions of sentencing specified in the arguments of this case, such as the defendant's age, character, and environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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