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(영문) 창원지방법원 2017.06.22 2017노974

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. In light of the judgment below, the Defendant’s leased access media was used for the phishing crime, and the transferred access media was two others. However, in full view of the favorable sentencing grounds such as the Defendant’s confession of the crime, the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters pertaining to the sentencing as indicated in the records and changes in the records of this case, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, and there is no change in the circumstances to be considered in the trial.

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.