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(영문) 부산지방법원 2017.11.17 2017노2953
전자금융거래법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment and two years of suspended sentence) is too unfluent and unfair.

2. The judgment of the court below is an unfavorable circumstance to the defendant, such as the fact that the crime was committed very systematically and its social and economic harm is serious and requires strict punishment, and that there is no agreement with the victims.

However, in full view of the favorable circumstances, such as the fact that all crimes are recognized and against the law, the extent of damage is not large, and the time for reflective and self-esteem was considered to have existed as being detained for about two months in the instant case, and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view that the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's above argument of sentencing is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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