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(영문) 대구지방법원 2017.10.27 2017노943
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In light of the fact that the act of lending the access media, such as the instant crime, can be used for the crime of Bosing, etc., and that the Defendant appears to have used the access media in the crime of Bosing, it is disadvantageous to the point that the nature of the crime is not that of the crime.

However, the Defendant’s confession of the instant crime in depth reflects the Defendant’s mistake, and the Defendant appears not to have directly participated in, or have aided and abetted the details of, the instant crime. The Defendant appears to have no profit accrued from the instant crime, which appears to have no record of criminal punishment prior to the instant crime, and the Defendant appears to be in an economic difficult situation.

In addition to the above circumstances, taking into account the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, the sentence imposed by the lower court cannot be deemed unfair as it is deemed unfair.

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

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