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(영문) 대구지방법원 2017.07.07 2017노2
전기통신사업법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty of KRW 4 million imposed by the court below on the summary of the grounds for appeal is too unfased and unreasonable.

2. Although it is recognized that the act of providing a core chips, such as the instant crime, can be used for various crimes in the form of a largephone, etc., there is a need to strictly punish such act, and some of the core chips provided by the Defendant were used for the crime of fraud, the fact that the Defendant recognized the instant facts charged and reflects his mistake, and the quantity of the core chips provided by the Defendant does not exceed the amount of the Defendant’s economic benefits.

Considering the fact that it is difficult to see the Defendant’s previous conviction, the Defendant’s age, sex, environment, family relationship, and various conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, sex, family relationship, and circumstances after the crime, the lower court’s punishment is too unfasible and unreasonable, so the 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, and it is so decided as per Disposition.

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