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(영문) 대전지방법원 2013.04.25 2012노2229 (1)

채권의공정한추심에관한법률위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The punishment of each fine of KRW 5,000,000, which the court below rendered by the court below, is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendants were the first offender and the defendants were in depthed, each of the crimes of this case is acknowledged as having prevented the debt collector from taking debt collection in an unlawful way and human beings.

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the court below, which seriously infringes on the purpose of legislation, such as the Fair Debt Collection Practices Act, which aims to protect a happy life and a peaceful life, and thus has a large social abolition; the court below has already sentenced a severe punishment by taking into account the favorable circumstances for the defendants; and there is no change in circumstances that may affect the sentencing at the time of the trial; and there is no other change in circumstances that may affect the sentencing. The sentencing of the court below is too unreasonable.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.