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(영문) 서울남부지방법원 2015.10.15 2015노777

여신전문금융업법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of probation, one hundred and sixty hours of community service order) sentenced by the court below, and in particular, the community service order portion is too unreasonable.

2. In light of the purport of the community service order system (in lieu of detention of a criminal who has been recognized as a crime, by ordering him/her to lead a normal social life in lieu of confinement to a prison, and thereby performing the functions of punishing him/her, and at the same time performing the functions of compensating for and deceiving the society, reconciliation with the society, and integration with the society) and the records and arguments of this case, and the reasons for sentencing conditions and sentencing of the judgment of the court below, even if considering the circumstances asserted by the defendant as the grounds for appeal, the sentence of the court below is too unreasonable.

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

[However, according to Article 25 of the Regulation on Criminal Procedure, the "Specialized Credit Finance Business Act" in Part 18 of the Decision of the court below shall be corrected to "Specialized Credit Finance Business Act (amended by Act No. 13068, Jan. 20, 2015)."