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(영문) 창원지방법원 2018.08.29 2018노1445
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of five million won);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court determined a sentence by comprehensively taking into account the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant had no record of the same punishment; (c) the Defendant’s access media was actually used in the commission of telecommunications fraud; and (d) the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime; and (c) the sentence was determined by comprehensively taking into account the following factors

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

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