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(영문) 대구지방법원 2013.12.13 2013노2054

변호사법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not more than ten months and two years of suspended execution, probation, community service work, etc.) of the lower court is deemed unreasonable;

2. It is recognized that the judgment of the defendant's business of collecting claims, the period of the defendant's business of collecting claims, the number of times the defendant applied for the payment order, and the amount thereof are large in light of the fact that the crime of this case in this case is locked

However, in light of all the circumstances, including the motive, means and method of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too unjustifiable and unreasonable, considering the following: (a) the Defendant did not have the same criminal records; (b) the Defendant committed the instant crime; (c) the Defendant committed the confession of the instant crime; and (d) the Defendant said that it would no longer engage in claims collection business; and (c) there is no risk of reoffending.

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.