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(영문) 서울남부지방법원 2015.12.03 2015노992
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor and two years of suspended sentence for one year) imposed by the court below on the defendant is too uneased and unreasonable.

2. According to the evidence duly adopted and examined by the trial court prior to the judgment on the grounds for appeal by the prosecutor of the judgment, the defendant was sentenced on January 23, 2014 to imprisonment with prison labor for a violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful medical service providers) at the Seoul Southern District Court on the Act on Special Measures for the Control of Public Health Crimes, and on February 4, 2014, and the above judgment became final and conclusive on February 4, 2014. As such, the crime for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are determined by the sentence after examining whether to reduce or exempt the sentence, taking into account equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, so the judgment of the court below

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.

[C] The summary of the facts constituting a crime and evidence admitted by this court is as follows. The first head of the facts constituting a crime of the judgment of the court below added "the defendant was sentenced to 2 years of suspension of execution and 2.5 million won of fine in August 23, 2014 and the above judgment became final and conclusive on February 4, 2014 due to the violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Personnel) by the Seoul Southern District Court on January 23, 2014." The summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for the addition of "1. criminal records: the defendant's trial statement at the court below: the defendant's trial statement at the court below's own end," thereby

Application of Statutes

1. Article 1 of the relevant Act on criminal facts and registration of credit business, etc. selective punishment, and protection of finance users;

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