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(영문) 수원지방법원 2016.08.12 2016노3064
채권의공정한추심에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. There are extenuating circumstances, such as the Defendant’s previous conviction, the recognition of the instant crime and the reflection thereof, and the victim expressed his intention not to punish.

However, the crime of this case is that the defendant found in the house of the victim for the collection of claims and threatened the victim with intimidation and damaged his property for a considerable time, and the crime of this case is not against the nature of the crime, and it was agreed in light of the nature of the crime of this case.

Considering the fact that it is difficult to reduce the punishment more, the punishment imposed by the court below is too unreasonable, considering various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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