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(영문) 창원지방법원 2017.06.15 2017노772

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (two million won in penalty) of the court below is too unhued.

2. The judgment is based on the favorable sentencing grounds that the Defendant committed the instant crime for the purpose of living while making a confession of the offense, the primary offender, and the fact that the Defendant appears to have committed the instant crime for the purpose of living while raising her children. The act of keeping and conveying the access media is the core means of the crime of Bosing, and the Defendant’s access media transferred for the purpose of the Defendant’s committing the phishing crime is a disadvantageous sentencing grounds.

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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.