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(영문) 대전지방법원 2015.08.20 2014노3118
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court against the Defendant is too unreasonable.

2. The following are the circumstances: (a) the Defendant led to the confession of the instant crime and reflects his mistake; (b) the equity between the instant crime and the first head judgment of the crime committed in the judgment of the lower court and the case where the judgment was rendered simultaneously with the final and conclusive crime; and (c) the Defendant’s health and economic aspects are not good.

However, in full view of the nature and social impact of the instant crime, the amount of the penalty prescribed by the summary order and the lower judgment, the equity in punishment with accomplices, and other various sentencing conditions prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, even if considering the circumstances favorable to the Defendant, it cannot be deemed that the fine imposed by the lower court is too unreasonable.

Defendant’s assertion is without merit.

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

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