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(영문) 대구지방법원 2018.06.28 2018노1093
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (3 million won in penalty) declared by the court below.

2. The lower court sentenced the above punishment by taking account of the favorable circumstances, such as the fact that the act of transferring the access media can be abused as a means of other crimes, and the fact that the Defendant recognized his mistake and reflects it, etc., respectively.

In addition to the circumstances considered by the court below, the fact that the defendant has no record of punishment for the same crime shall be considered as favorable circumstances.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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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