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(영문) 광주지방법원 2018.11.08 2018노1591

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant leased the instant access medium was used for the so-called “phishing crime” is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects his mistake, and that the defendant has no record of criminal punishment other than the punishment of fines for other types of crimes in 2000.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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.