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(영문) 대구지방법원 2020.02.06 2019노2259
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

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

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, under favorable circumstances, determined the Defendant by taking account of the following: (a) the Defendant’s confession of the instant crime and his mistake divided; (b) appears to have no profit derived from the instant crime; and (c) the transfer of the means of access for electronic financial transactions may impair the security and reliability of electronic financial transactions and may be used as other means of crime; and (b) the nature of the relevant crime is not good; and (c) the means of access transferred by the Defendant was actually used for the instant crime.

In addition to the circumstances indicated by the court below, there are no special circumstances or changes in circumstances that may newly consider the sentencing in the court below, and taking full account of the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's sentence against the defendant is too unjustifiable to the extent that the defendant's punishment exceeds the reasonable scope of discretion.

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

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