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(영문) 수원지방법원 2014.10.13 2014노2270

명예훼손등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won per fine) is too unreasonable.

2. The debtor's human body is creating a fair climate for debt collection and ensuring the legitimate exercise of creditors' rights by preventing the debt collector from abusing his/her rights or collecting his/her claims in an unlawful manner;

In light of the purport of the “Fair Debt Collection Practices Act,” which aims to protect a happy life and a peaceful life, there is a need to strictly punish creditors’ excessive debt collection acts; the Defendants threatened victims C to collect their claims; as well as caused fear or apprehensions by finding out at the work site of victims D, who is his/her father. The nature of the crime of this case is not less complicated; the lower court imposed a fine that reduced the fine amount of the summary order by taking into account the favorable circumstances for the Defendants, including the fact that the Defendants agreed with the victims, etc.; the lower court’s sentence imposed the fine amount by reducing the fine amount of the summary order by taking into account the circumstances favorable to the Defendants; and other all the sentencing conditions specified in the records and arguments of this case, including the Defendants’ age, character and behavior, home environment, the background and consequence of the crime, etc.,

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