beta
(영문) 의정부지방법원 2014.11.12 2014노647

채권의공정한추심에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of 1.5 million won) is too unreasonable.

2. The circumstances favorable to the defendant, such as the confession of the crime of this case and the statement that his mistake has been divided, and the victim has agreed with the defendant and withdrawn the complaint.

On the other hand, there are only one criminal records of imprisonment with prison labor due to intimidation, intimidation, etc., and there are several criminal records related to violent crimes, and the crime of this case is committed by the defendant repeatedly, for a period of one year and two months, with text messages creating fears or apprehensions through twelve times in the victim, and there are unfavorable circumstances to the defendant, such as the content of intimidation, method of crime, frequency, duration, degree of damage, etc.

In full view of the above circumstances and the facts that there is no special change of circumstances to change the sentence of the lower court in the trial, and other various sentencing conditions such as the Defendant’s age, character and conduct, intelligence and environment, motive, background, means and consequence of the instant crime, circumstances after the crime, relationship with the victim, criminal record, family relation, etc., the sentence imposed by the lower court is deemed unreasonable and unreasonable.

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