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(영문) 대구지방법원 2017.09.06 2017노2034

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too uneased and unreasonable.

2. It is recognized that the Defendant’s access media leased by the Defendant was abused for the commission of the phishing crime, on the other hand, that the Defendant recognized the facts charged and reflects his mistake, that the Defendant did not obtain economic benefits due to the instant crime, and that the Defendant was a primary offender with no record of crime, and that the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the instant crime are considered in light of all the sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, family relationship, etc., it is not recognized that the lower court’s punishment is too uneasible and unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.