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(영문) 대구지방법원 2018.08.16 2018노488
전자금융거래법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the sentence (4 million won in penalty) declared by the prosecutor by the court below is too unhued.

B. The sentence imposed by the lower court is too unreasonable.

2. In light of the fact that the crime, such as making a judgment and the Defendant’s respective unfair arguments on sentencing together with each other, is likely to cause severe social harm, such as undermining the general public’s trust in the name of financial transaction, and making it difficult for the Defendant to arrest the person committing various crimes, such as online gambling, hosting fraud, etc., and recovering the victim’s damage, the Defendant should be punished with severe punishment. In fact, the Defendant’s damage related to the accessible medium leased by the Defendant has occurred.

However, under favorable circumstances, the fact that the defendant is against the defendant when committing the crime of this case, and that there is no record of the same kind of crime shall be considered.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as the prosecutor asserts, it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible or unreasonable as the Defendant asserts, and thus, the above argument by the prosecutor and the Defendant are without merit.

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

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