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(영문) 전주지방법원 2017.05.12 2016노1880
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unfair.

2. Determination

A. According to the Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that there exists a unique area of sentencing determination, and the ex post facto in-depth nature of the appellate court, etc., in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) Transfer of the medium access to electronic financial transactions to others can cause damage to many and unspecified persons as it can be used for a crime, and the account of the access medium transferred by the instant crime is actually used for the operation of the gambling site, and each of the instant crimes is not sufficient in view of the law of the relevant crime and the frequency of the crimes, etc.

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower court, the Defendant has led to the entire confession of each of the instant crimes and divided into depth, and the Defendant was the first offender who had no record of criminal punishment at all prior to each of the instant crimes, and the Defendant’s age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the instant crime, and other various sentencing conditions as shown in the instant records and arguments, such as the circumstances after the crime, do not seem to be unfair since the lower court’s punishment is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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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