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(영문) 대구지방법원 2016.09.28 2016노772
대부업등의등록및금융이용자보호에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a term of six months) is too unfluent and unfair.

2. It is recognized that there are no such factors as the nature of each of the crimes in this case in light of the form of each of the crimes in this case and the method thereof, and that the defendant has been punished twice a fine for the same kind of crime and once a fine for the same kind of crime.

However, in consideration of the facts that the Defendant led to the confession of all crimes, and there is no criminal history that has been punished heavier than the fine, and the size, business period, loan interest rate, and other factors of all the sentencing specified in the pleadings of the instant case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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