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(영문) 의정부지방법원 2019.09.19 2018노3402
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too heavy or too unhued, and thus, is unreasonable.

2. We also examine the argument of unfair sentencing by the Defendant and the prosecutor.

In light of the fact that the victim of Bosing occurred due to the instant crime, and the social harm that may result in the crime of Bosing, there is a need to strictly punish the act of lending the means of access, such as the instant crime.

On the other hand, there are favorable circumstances such as the defendant's recognition of crime, the first offender, and the fact that the defendant is the disabled of the third degree of intellectual disability.

In full view of the various sentencing conditions indicated in the instant case, including the above circumstances, such as character, conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, the lower court’s sentence is deemed appropriate within the scope of discretion.

Therefore, both the defendant and prosecutor's assertion of unfair sentencing is rejected.

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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