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(영문) 부산지방법원 2014.03.14 2014노48

직업안정법위반등

Text

The judgment below

The guilty portion against the defendant shall be reversed.

As to the 2-A, B, and C in the judgment of the defendant.

Reasons

1. The court below found the defendant not guilty on the violation of the Employment Security Act, violation of the Fair Debt Collection Act, registration of credit business, etc., violation of the Act on the Protection of Finance Users, violation of the Resident Registration Act, and violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc., and only the defendant appealed on the guilty portion. Thus, the defendant's violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, etc. shall be excluded from the scope of judgment of this court.

2. Summary of grounds for appeal;

A. Since there is no fact that a mistake of fact-finding defendant made intimidation to the victim in the course of receiving money from the victim K, the judgment below which found the defendant guilty of this part of the facts charged is erroneous in misconception of facts

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and two months of total imprisonment) is too unreasonable.

3. Determination

A. According to the evidence duly admitted and examined by the court below, the court below's judgment that found the defendant guilty of violating the Fair Debt Collection Practices Act against the defendant on the ground that it is justified in the judgment below which found the defendant guilty of the violation of the Act on the Collection of Claims, and that the defendant's ground of appeal is without merit.

B. In full view of the fact that the Defendant alleged unfair sentencing is divided in depth, and that on January 27, 2014, the appellate court agreed with K, the victim of the violation of the Fair Debt Collection Practices Act, and all matters concerning the sentencing specified in the Defendant’s age, occupation and other records and arguments, the lower judgment’s punishment is too unreasonable, and thus, this part of the Defendant’s assertion is reasonable.

4. Conclusion.