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(영문) 부산지방법원 2013.07.09 2013고단1124
채권의공정한추심에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Fair Collection of Claims Act at around 03:0 on March 25, 201, on the ground that, around 03:00, the victim Eul, the husband of the victim Eul, who was the husband of the victim Eul in the Dong-gu Busan Metropolitan City, did not repay the money borrowed from him/her, and “F mother (the mother of the debtor) talked promptly with his/her mother, thereby bullyinging him/her.” At that time, the Defendant threatened the victim with his/her intention to cause harm if he/she did not repay the money, and then threatened the victim by threateninging the victim, his/her mother G, the debtor’s child, H, and the debtor’s child, during 11 times, as indicated in the attached list of crimes.

2. 업무방해 피고인은 2012. 8. 25. 15:00경 부산 부산진구 J에 있는 K 지하 1층 귀금속점에서 그곳 판매원인 위 피해자 D에게 “E 어딨노. 만나는 것 알고 있다. 빨리 돈 갚아라.”라고 말하고, 다른 판매원인 피해자 L가 이를 제지하자 그녀에게 “야이 씨팔년아, 주둥이 닥쳐라. 밤길 조심해라. 너 죽는 수가 있다.”라고 말하여 위력으로 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning D, L, G, and M;

1. Articles 15 (1) and 9 subparagraph 1 of the Act on the Fair Debt Collection Practices under the relevant provisions of the Acts concerning criminal facts, Article 314 (1) of the Criminal Act and the selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the assertion of counsel under Article 62(1) of the Criminal Act, the defense counsel at the time of the instant crime asserts that the Defendant was in a state of mental disability under the influence of alcohol.

The defendant is above in light of various circumstances, such as the background and means of the crime of this case, the defendant's behavior before and after the crime.

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