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(영문) 인천지방법원 2020.06.11 2019노3399

공전자기록등불실기재등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for one year of imprisonment, and eight hours of social service) is too uneased.

2. In full view of the following circumstances: (a) a crime of opening a false corporate account that impairs the credibility of electronic financial transactions and can be used for other crimes, such as singing and illegal gambling; and (b) a large number of accounts opened and transmitted by the Defendant; (c) the Defendant’s confessions and reflects the instant crime; (d) the Defendant did not have any criminal record except for the punishment of fines due to the violation of the Road Traffic Act in 2019; and (e) other circumstances, such as the Defendant’s age, character and behavior, environment, motive, means, and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed unfair as it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.