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(영문) 광주지방법원 2016.12.15 2016노54
상해등
Text

All of the appeals filed by the prosecutor against the Defendants and Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence against the Defendants of the lower court (the Defendant A, B, and F: 8 months of imprisonment and 2 years of suspension of execution, 6 months of imprisonment and 2 years of suspension of execution, Defendant C, and E respectively, Defendant I: fine of KRW 15 million, Defendant G, and H: Each fine of KRW 10 million, and Defendant D: fine of KRW 5 million) is too uneasible.

B. Defendant B’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendants.

It is not good that the defendants have been paying considerable high interest rate to the debtor while running the unregistered credit business for a long period of time.

Defendant

B, E, and F had a record of criminal punishment for each of the same crimes, they again committed the instant crime.

On the other hand, the following conditions are favorable.

Defendants recognize crimes and reflect the crimes.

Defendant

D is an initial criminal who had no record of criminal punishment prior to the instant case, and Defendant A, C, G, H, and I have no record of criminal punishment for the same kind of crime.

Defendant

B, E, and F's same criminal records are punished by a fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the period during which the Defendants were engaged in unregistered credit business, the degree of interest rate where the Defendants exceeded the limit, the profits actually acquired by the Defendants through the commission of the crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, etc., and the various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment on Defendant B is not deemed to be too weak or unreasonable, and it is not recognized that the remaining Defendants of the lower court’s punishment is too unreasonable, and thus, the allegation by Defendant B and the Prosecutor

3. In conclusion, the Prosecutor’s appeal against the Defendants and Defendant B are all without merit, and thus, they are all filed under Article 364(4) of the Criminal Procedure Act.

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