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(영문) 수원지방법원 2018.05.18 2017노9580
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unafford in the lower court’s punishment (3 million won in penalty) and that it is unfair for the Prosecutor to use too unafford and unfair.

2. The fact that the Defendant recognized his mistake and reflects the Defendant, and that the Defendant has no record of punishment, etc. are favorable to the Defendant, but the fact that the access media provided by the Defendant was used for the phishing crime, etc. is disadvantageous to the Defendant.

Considering the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sexual conduct, family relationship, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances, given that there are no special changes in circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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