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(영문) 수원지방법원 2016.07.28 2016노962
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (two million won ad hoc sentence) is too unhutiled and unreasonable.

2. The fact that the access media transferred by the Defendant was used for the so-called “singing” crime is disadvantageous to the Defendant.

However, considering the favorable circumstances, such as the fact that the Defendant recognized the instant crime, the fact that the Defendant appears to have no criminal proceeds acquired by the instant crime, that the Defendant has no record of criminal punishment so far, that the Defendant has no record of criminal punishment, and that the Defendant has endeavored for self-support with the help of the sexual traffic women support facilities, it is difficult to view that the lower court’s sentencing is too unjustifiable, and thus is unfair, in view of all the sentencing conditions, including the Defendant’s age, sex, environment, and family relationship.

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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