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(영문) 대구지방법원 2016.12.22 2016노3723
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below is too unhued.

2. The instant crime is deemed to have transferred the means of access under the name of the Defendant to a person who has no access to his/her name, and it is difficult to view the transferred means of access as a minor matter because it is likely that the means of access will be used

However, the fact that the defendant has no record of punishment for the same kind and has no record of fine or more, there is no benefit that the defendant has actually acquired due to the crime of this case, and the fact that the defendant acknowledges the crime of this case and reflects the mistake is considered as favorable.

In addition, even in full view of the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant’s crime, means and consequence, and all of the conditions of sentencing as shown in the records and pleadings, there is no circumstance that the lower court’s judgment is deemed to have exceeded the reasonable bounds of discretion or to be unreasonable to maintain them as they are.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing cannot be deemed as being too unjustifiable, as alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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