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(영문) 대구지방법원 2016.11.11 2016노337
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, it is recognized that the defendant received medical treatment due to a disease such as stimulative disorder, etc., but in light of all the circumstances such as the background, means and methods of the crime in this case, and the defendant's behavior before and after the crime in this case, the defendant did not have the ability to discern things or make decisions due to mental disorder at

does not seem to have existed in or weak condition.

Therefore, the defendant's mental disorder is without merit.

B. Although there are favorable circumstances such as the Defendant’s confession of the instant crime and the Defendant’s confession of the instant crime, there is no record of criminal punishment exceeding a fine, and the stolen money was returned to the victim F, the act of transferring the means of electronic financial transaction, such as the instant crime of violation of the Electronic Financial Transactions Act, is not only impeding the security and reliability of financial transaction, but also undermining social harm because it can be the means of various other criminal acts, especially the singishing fraud, or the goods transaction fraud, and there is considerable need for strict punishment. There is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment, and there is no other extenuating circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and there is no other reason to regard the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime.

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