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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (one million won of a fine) is too unhued and unreasonable.
Judgment
It is an unfavorable sentencing factor that not only harms the trust and safety of financial transactions due to the instant crime, but also the transferred means of access are abused in various criminal acts, such as scam, and thus is highly likely to contain an unspecified number of victims.
However, in full view of the following factors: (a) the fact that the Defendant recognized his mistake and is against the Defendant; and (b) the fact that the Defendant does not have any same criminal record is an favorable factor for sentencing; and (c) the consideration that the Defendant transferred and acquired the means of access and other various sentencing materials expressed in pleadings, such as the circumstances after the commission of the instant crime, the Defendant’s age, character, conduct and environment, etc., the Prosecutor’s assertion is without merit.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.