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(영문) 수원지방법원 2017.05.17 2016노7159

방문판매등에관한법률위반방조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the penalty of KRW 10 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment below is deemed to be a principal offender, but the defendant is deemed to have made it easier for the defendant to commit the principal offense such as F and E by conducting business activities as the head of the center of the multi-level sales organization with approximately KRW 21.8 billion, and thus, its nature is not good. The crime of violating the Act on Door-to-Door Sales, etc., and the Regulation on Similar Receiving Act requires strict punishment as it distorts and disturbs sound market economy order. In addition, taking into account the defendant's age, sex and environment, motive, means and consequence of the crime, and other various sentencing conditions as shown in the argument of this case, such as the circumstances after the crime, etc., the prosecutor's assertion is with merit.

3. In conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading (as long as the prosecutor’s appeal is received, the defendant’s appeal shall not be dismissed separately). The facts constituting an offense and the summary of evidence acknowledged by the court and the summary of evidence are the same as the corresponding columns of the court below’s judgment, and thus, they are cited pursuant to Article 369 of

Application of Statutes

1. Article 58 (1) 4, Article 24 (1) 1, Article 32 (1) of the Criminal Act (the aiding and abetting a monetary transaction that does not trade goods, etc., and the choice of imprisonment), Articles 6 (1) and 3 of the Act on the Regulation of Similar Receiving Acts, Article 32 (1) of the Criminal Act (the aiding and abetting a transaction that does not trade goods, etc.,), Article 32 (1) of the Criminal Act (the aiding and abetting a similar receiving act, the choice of imprisonment) concerning the crime;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.