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(영문) 대전지방법원 2018.11.29 2018노1301
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment (4 million won in penalty) that the court below rendered in an unfair sentence for sentencing is too uneasy and unreasonable.

2. The instant crime was committed on October 2016, 201, which resulted in the commission of the instant crime, and thus requires a strict punishment. The actual occurrence of the instant crime was caused by the instant crime, the Defendant had 26 criminal records, including ten criminal records and 26 criminal records. In particular, on October 14, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to fraud, etc. on the part of the Suwon Friwon, and completed the execution of the instant punishment on July 4, 2016. The Defendant was sentenced to six months of imprisonment with prison labor on October 20, 2016 and was sentenced to two years of suspension of execution and two years of imprisonment with prison labor on October 28, 2016, and was sentenced to two years of suspension of the execution on April 20, 2016, and was still finalized on October 28, 2016.

However, considering the fact that the Defendant recognized the instant crime, that the Defendant did not have the same criminal record as the Defendant, and that the Defendant appears to have no profit from the actual acquisition of the instant crime, the lower court’s punishment is somewhat inappropriate.

It is difficult to see it.

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 appeal is without merit. It is so decided as per Disposition.

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