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(영문) 춘천지방법원 강릉지원 2013.04.30 2013노60
채권의공정한추심에관한법률위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. Each of the crimes of this case committed by the Defendant cannot be deemed that the Defendant’s assaulted the Victim E to collect the claim against the Defendant, and continuously threatened his/her family members, and that the Defendant’s liability for the crime cannot be deemed to be minor.

However, in full view of all the sentencing conditions, such as the fact that some of the amounts the Defendant leased appears to have been paid in the partnership relationship with the victim E, the defendant's crime was committed late later, and the victim E, G and original agreement was not intended to punish the defendant, and deposit certain amount for the recovery of damage to the victim F, the court below's punishment is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Collection of Claims, Articles 15 (1), 9 (1) 1 (a) of the Fair Debt Collection Practices Act, Article 15 (2) 1, and Article 9 subparagraph 6 (a) of the Act on the Fair Debt Collection Practices, Article 15 (2) 1, and Article 9 subparagraph 3 (c) of the Act on the Fair Debt Collection Practices, Article 15 (2) 1 and Article 15 (2) 1 of the Act on the Fair Debt Collection Practices, Article 15 (2) 2 of the Act on the Fair Debt Collection Practices, Article 30 of the Criminal Act, Article 15 (2) 3 and 11 subparagraph 1 of the Act on the Fair Debt Collection Practices, Article 30 (a) of the Criminal Act, Article 15 (2) 3 and 11 of the Act on the Fair Debt Collection Practices, Article 30 (2) of the Criminal Act, selection of imprisonment;

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

1. Article 62 of the Criminal Act:

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