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(영문) 인천지방법원 2017.09.29 2017노2298
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The judgment of the accused is against the recognition of his own crime, the fact that the Defendant seems to have no benefit from the crime of this case, the fact that the Defendant reported the loss directly and prevents the additional crime, and the first offender, etc. are considered as favorable circumstances.

However, the crime of this case requires strict punishment for transferring access media, which is an essential means for the criminal act of licensing serious harm. In full view of various circumstances, including the Defendant’s age, occupation, sex, environment, family relationship, motive and circumstance after the crime, etc., as well as the sentencing factors in the records and arguments of this case, considering the circumstances asserted by the Defendant, the sentence imposed by the court below is too unreasonable, since the Defendant’s above assertion by the Defendant is rejected.

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

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