전자금융거래법위반
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for four months of imprisonment) is unreasonable because it is too unfasible.
2. The judgment is an unfavorable circumstance that the Defendant had a record of having been sentenced to two times of suspension of indictment for the same kind of crime, and that the access media provided by the Defendant was actually used for the criminal act of phishing.
However, the fact that the defendant repents his mistake, and that the health condition is not good is a favorable condition.
The lower court sentenced the Defendant to a suspended sentence of two years for four months, taking into account the aforementioned unfavorable circumstances and favorable circumstances.
In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion when determining the sentencing.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.