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(영문) 창원지방법원 2017.08.10 2017노1597
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. In light of the judgment below, there are reasons for unfavorable sentencing, including the fact that the Defendant’s access media leased by the Defendant was used for the phishing crime. However, considering the favorable reasons for sentencing, including the confession of the Defendant and the absence of previous convictions, the Defendant’s age, family relationship, economic situation, circumstances leading to the Defendant’s crime and motive, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case, the Prosecutor’s assertion is without merit, on the grounds that the judgment below’s punishment is deemed appropriate and that there is no change of circumstances to be considered in the trial.

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.

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