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(영문) 수원지방법원 2017.10.18 2017노4060
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The instant crime requires strict punishment against the Defendant in light of the following: (a) the Defendant’s account is used in the “singing” crime; and (b) the Defendant’s account is used in the “singing” crime; and (c) the Defendant’s account is generated.

However, the defendant recognizes his mistake and is in profoundly against his will, and the defendant has no criminal record exceeding the same criminal history or fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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