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(영문) 부산지방법원 2017.12.01 2017노2088
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and confiscation) is too uneasy and unreasonable.

2. The fact that the judgment phishing crime was committed very systematically and its social and economic harm is serious and thus requires strict punishment is disadvantageous to the defendant.

However, in full view of the favorable circumstances, such as the fact that all crimes are recognized and reflected, the fact that the defendant's profits derived from the crime are not much high, and that the time of reflective and self-esteem was considered to have been time during which the defendant was detained for about two months in the instant case, and other various sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., it is difficult to view that the sentence of the court below is too uneasible and unfair.

Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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