logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.10.11 2018노3068
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court rendered the said sentence by taking into account the favorable circumstances, such as the Defendant’s confession and rebuttal, and the Defendant’s primary offender, etc.

Taking account of the fact that the nature of the offense of the Defendant is not somewhat weak, the transfer of this case is only one time, taking into account favorable circumstances in which the Defendant is the primary offender, and taking into account all other sentencing conditions, including the Defendant’s age, sex, environment, background leading up to the commission of the offense, means and consequence, scale of the offense, and circumstances after the commission of the offense, it cannot be deemed that the lower court’s sentencing judgment exceeded or maintains it as it is unreasonable to have exceeded or maintained the reasonable limit of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, each of the Defendant and the prosecutor’s arguments is without merit.

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

arrow