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(영문) 인천지방법원 2016.10.28 2015노4786
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, probation, community service, confiscation for 120 hours) of the lower court against the Defendant is unreasonable.

2. In full view of the favorable circumstances, such as: (a) there is a serious need to punish the various social harm caused by the circulation of the so-called passbook; (b) the frequency of the crime and the number of means of access delivered and stored in the custody of the accused; (c) the accused recognizes and reflects the criminal facts; and (d) there is no record of punishment for the same crime; and (c) the favorable circumstances, such as the accused’s age, character and conduct and environment; (d) motive, means and consequence of the crime; and (e) other circumstances that are conditions for sentencing on the records, such as the accused’s age, character and behavior and environment; and (e) the circumstances after the

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

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