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(영문) 서울서부지방법원 2019.10.17 2019노976
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court’s punishment is too heavy or unreasonable, in light of the following: (a) the fact that the Defendant was punished for a violation of the Electronic Financial Transactions Act; (b) the Defendant was aware that his act was part of the crime of Bosing and was involved in the crime; (c) the Defendant was arrested to the police prior to withdrawal of cash; and (d) there was no substantial damage to the victims of Bosing; and (c) there was no criminal record other than

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

However, since the judgment of the court below omitted the “choice of punishment” among the “application of the law,” the judgment of the court below is ex officio pursuant to Article 25(1) of the Criminal Procedure Act, “the choice of punishment: the choice of imprisonment: the choice of imprisonment is added.”

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