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(영문) 서울서부지방법원 2016.04.28 2016노190

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence in October) to the summary of the reasons for appeal is deemed to be undue.

2. In light of all the circumstances indicated in the arguments and records, the sentence of the court below is appropriate, taking into account the following: (a) the crime of this case is linked to the singing crime that has a serious negative effect; (b) the defendant reflects the defendant; (c) the defendant cannot be readily determined as a member of the organization of the singishing crime; (d) the defendant has no criminal record for the same kind of crime; and (e) the defendant was detained for two months or more; and (e) the defendant was detained in the instant case.

The prosecutor's improper argument in sentencing is without merit.

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