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(영문) 창원지방법원 2017.12.20 2017노1030
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The appellate court’s judgment is reasonable to respect the first-class sentencing judgment in a case where there is no change in the conditions of sentencing compared to the first-class judgment, and the first-class sentencing does not deviate from the reasonable scope of discretion.

As the prosecutor asserts on the ground of appeal, it is necessary to strictly punish the transfer of access media, which is an essential element for eradicating the Bosing crime, and the fact that the access media transferred by the defendant was actually used for the crimes of Bosing, and the damage was inflicted on the defendant, but such circumstance seems to have already been considered by the court below.

In light of the sentencing conditions, such as the confession and reflect of the Defendant, the same criminal record and fine, and the fact that there is no criminal record exceeding the Defendant’s age, sex behavior, environment, criminal records, motive and circumstance of the crime, etc., the lower court’s punishment cannot be deemed unfair due to excessive unfluened circumstances.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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