beta
(영문) 서울남부지방법원 2018.08.17 2017노1748

전자금융거래법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. Even when considering the circumstances alleged by the prosecutor on the grounds of appeal (the transfer of access media has not eradicated the singishing crime due to the act of transferring access media, the circumstances leading to the instant crime and the nature of the crime), comprehensively taking into account all the sentencing conditions in the instant records and arguments, including the fact that the Defendant led to the confession of and reflect against his/her mistake, and the Defendant has no criminal history, the sentence imposed by the court below is deemed appropriate, and it is deemed unfair as it is too uneasible. Thus, the 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.