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(영문) 창원지방법원 2017.11.02 2017노2497

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasoning of the appeal is that the penalty of the lower judgment (3 million won) is too minor.

2. The judgment of the court below is based on the following facts: (a) the Defendant’s access media was used for the phishing crime; and (b) the Defendant had the record of being sentenced to the suspension of indictment for the same kind of crime; (c) however, considering the favorable reasons for sentencing, such as the Defendant’s confession and the absence of criminal record; (d) the Defendant’s age, family relation, economic situation; (e) the background and motive leading to the commission of the crime; and (e) all other matters concerning the sentencing as indicated in the records and changes in the records of this case, the court below’s punishment is deemed appropriate; and (e) the prosecutor’

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.