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(영문) 부산지방법원 2018.04.06 2018노206
절도미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the form, method, frequency, etc. of each of the instant crimes, it is recognized that not only the Defendant has been punished several times due to the same kind of violent crime, fraud, property damage, etc., but also the Defendant has committed repeatedly each of the instant crimes without being aware of the period of suspension of execution due to the crime of fraud, the crime of bodily injury, and the crime of special injury, and the fact that the Defendant did not agree with the victims, etc.

However, considering the following facts: (a) the Defendant’s mistake was divided; (b) there was no change of circumstances that could otherwise determine the Defendant’s age, sex, environment, motive, means and consequence of each of the instant offenses; and (c) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the offense, etc., the lower court’s punishment is too uncomfortable and unfair.

Therefore, prosecutor's assertion is without merit.

[1] Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Act on Corporate Governance of Financial Companies”) provides that the Financial Services Commission shall review whether one of the largest shareholders of a financial company subject to the pertinent provision (hereinafter “persons subject to examination of qualifications”) does not violate the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Act on Punishment of Tax Evaders, and other Acts and subordinate statutes related to finance, and shall meet the requirements prescribed by Presidential Decree (hereinafter “requirements for the maintenance of qualifications”).

In paragraph 4 of the same Article, the Financial Services Commission finds, as a result of the examination under paragraph 1, that the person subject to examination of qualifications fails to meet the requirements for maintaining eligibility.

If it is deemed, it shall be subject to the eligibility examination.

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