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(영문) 대구지방법원 2018.04.10 2017노5576
전기통신사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. In light of the fact that the Defendant’s pre-paid chips distributed are highly likely to be misused for other crimes, etc., the nature of the crime shall be taken into account in an unfavorable condition, and the fact that the Defendant is led to confession and reflects against the Defendant, etc. shall be considered as favorable circumstances. In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, background and consequence leading to the Defendant’s crime, means and consequence, scale of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed reasonable, and the sentencing judgment by the lower court exceeded the reasonable

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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