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(영문) 대구지방법원 2017.11.17 2017노3152

채권의공정한추심에관한법률위반등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (eight months of imprisonment) is too unfortunate and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments relating to sentencing.

The defendant has already been subject to suspended sentence in 2014 for the same crime.

In addition, the crime of this case has been committed without being aware of it even though it is a repeated crime due to the crime of this type.

In addition, a defendant's strong debt collection act was caused by the strong debt collection act and the debtor attempted suicide.

This is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized all of the crimes, and that the defendant did not have any interest exceeding the actually acquired interest rate.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, and all the conditions of sentencing as shown in the instant records and pleadings, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate and the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

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