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(영문) 의정부지방법원 2016.10.25 2016노2351
전자금융거래법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year of imprisonment, confiscation) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. The fact that the defendant involved in the phishing crime and the nature of the crime is not very good is disadvantageous to the defendant.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the primary offender; and (c) the Defendant’s age, circumstances leading to the commission of the instant crime; and (d) other circumstances constituting the conditions for sentencing as indicated in the pleadings of the instant case, the lower court’s punishment is not deemed to be too minor or unreasonable.

C. Therefore, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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