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(영문) 인천지방법원 2017.12.01 2017노3177

대부업등의등록및금융이용자보호에관한법률위반

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment and one year of suspended execution) is deemed to be too untile and unfair.

2. The illegality of the instant crime, which the Defendant received an interest rate from 681% to 903% per annum, is not weak.

However, in full view of the favorable circumstances, such as the defendant's age, sex, environment, and circumstances before and after the crime, the punishment of the court below is too uneasy and unfair, in light of the following factors: (a) the defendant's participation is relatively low; (b) the defendant's primary offender is the defendant; and (c) the defendant repents and reflects his fault; and (d) other various sentencing conditions specified in the records and arguments, including the defendant's age, sex, environment, and circumstances before and after the crime

3. In conclusion, the prosecutor'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.