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(영문) 부산지방법원 2018.12.14 2018노3178
채권의공정한추심에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. The fact that the Defendant committed the instant crime even though he/she had a record of having been punished once for the same crime is disadvantageous.

However, the degree of illegality is low due to the lack of the degree of the creation of apprehensions and fears in light of the time of transmitting the instant letters, the time of transmitting the instant letters, the contents of letters, etc.

In light of other favorable circumstances, such as the fact that the injured party does not want the punishment against the accused in agreement with the injured party, and there are circumstances that may be considered in the motive or circumstance of the act in this case, the lower court’s punishment is unreasonable by disregarding the Defendant’s age, sex, means and consequence of the act in this case, circumstances after the act, equity with the punishment in the same and similar cases in the same kind of punishment.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 15 (2) 2 of the Act on the Fair Debt Collection Practices and Article 15 (2) 3 of the same Act and Article 9 of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentence is determined as per the order, taking into account the various factors of sentencing as stated in the above judgment on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, taking into account the reasons for sentencing.

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