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(영문) 대구지방법원 2017.08.11 2017노1074
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 2 million imposed by the court below is too unhued 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. Meanwhile, the Defendant recognized the facts charged and reflects his mistake, the Defendant appears to have recovered damage to the victim of the phishing crime, and taking into account all the sentencing conditions in the records of this case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too uneasible and thus, it is not deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

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.

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