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(영문) 수원지방법원 2017.09.01 2017노2866
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution, order of observation of protection, confiscation) is too uneasy and unreasonable.

2. The transfer of an electronic financial transaction access medium is a crime that is an essential means for the crime that causes serious social harm, such as the singishing crime and the establishment of the Internet gambling place, and the need to strictly punish the above crime in order to eradicate the crime is an unfavorable circumstance to the Defendant.

On the other hand, the following conditions are favorable.

There is no record of criminal punishment, as well as sentenced to a fine four times for a crime of immigration offense.

He did not directly participate in any phishing crime or Internet gambling crime.

From the police to the court, the crime of this case was led to confession, and the mistake was divided and reflected.

In light of the aforementioned circumstances, the lower court sentenced the Defendant to a two-year suspended sentence for eight months.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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