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(영문) 울산지방법원 2015.09.04 2015노602
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of two years, a community service order of 120 hours, confiscation) imposed by the court below on the defendant is too unfasible and unreasonable.

2. The crime of this case committed each of the following facts: (a) the Defendant loaned approximately KRW 189.5 million to 40 debtors from May 23, 2013 to March 31, 2015 on a total of 82 occasions, and received interest exceeding the limited interest rate; and (b) the Defendant threatened or forcibly conducted debt collection by force in order to obtain repayment of claims with a high interest rate; and (c) the period of the crime and frequency of the crime; (d) the case is not easy in light of the period and frequency of the crime; (e) the Defendant’s verbal abuse and intimidation are not considerably good in terms of the crime; (e) the illegal debt collection and interest rate of the credit service provider regulates the ordinary people who are financial users and contribute to the stable economic life of the people; and (e) the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users and the Act on Fair Debt Collection.

However, in full view of all the circumstances such as the defendant's age, health status, character and conduct, environment, circumstances before and after the crime of this case, etc., the defendant's punishment of the defendant is not deemed to be unfair since the defendant's punishment is too unscheduled, and the defendant's closure of credit business after the crime of this case and not committed the same crime. The victim does not want punishment against the defendant under agreement with some of the victims of the crime Nos. 2 and 3 in the judgment of the court below, and the defendant does not have any specific criminal power, and there is no specific criminal power, and other circumstances such as the defendant's age, health status, character and behavior, environment, circumstance of this case, etc.

3. Conclusion.

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