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(영문) 인천지방법원 2020.09.10 2020노1682
전자금융거래법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment is a favorable condition that the defendant led to the confession of the crime of this case, and that there is no record of criminal punishment exceeding the same crime or fine.

On the other hand, the number of means of access kept by the defendant is high, and the crime is serious in light of the frequency of the crime and the social harm caused by the crime in this case, and the damage has not been recovered is disadvantageous.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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