logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.10.11 2018노225
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. Summary of grounds for appeal (the mental and physical weak and unfair sentencing);

A. The Defendant with mental and physical weakness committed the instant crime under the mental and physical weakness due to mental illness, such as depression, public sulfur disorder, and decentralization disorder.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, the Defendant received mental and medical treatment from around 2012, such as hyd, anti-competitive disorder, etc., in the case of attempted murder as stated in the judgment below, and the attempted murder as to the crime of violence and the attempted murder, etc., as to the above mental illness and the crime of murder committed by the Defendant, the mental and physical weakness was mitigated by considering the circumstances where 4 Byung was in the state of

However, even in the case of murder attempted murder, etc., there was no mental and physical mitigation for the crime of fraud on July 15, 2015. As seen earlier, the mental and physical mitigation in the above case was done not only due to the mental illness of the Defendant, but also to the circumstance that the Defendant was in a state of exploitation at the time of committing the crime. However, there was no additional circumstance such as the Defendant being under the influence of alcohol at the time of committing the instant crime.

In addition, in light of the circumstances leading up to the instant crime, the means and method of the crime, the circumstances before and after the crime, and the criminal defendant’s appearance revealed in the court, etc., the aforementioned facts alone were in a state where the criminal defendant lacks the ability to discern things or make decisions at the time of the crime

It is difficult to see it.

The defendant's mental and physical unwritten arguments are rejected.

B. The Defendant has a total of six criminal records, including criminal records and criminal records, regarding an unfair argument in sentencing.

The act of lending the name of the lending business, such as the crime of this case, is likely to undermine the sound development of the lending business and thereby, the damage to the financial users return to the financial users.

However, the defendant's mistake.

arrow