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(영문) 서울북부지방법원 2013.11.14 2013노1035 (1)
대부업등의등록및금융이용자보호에관한법률위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants conspireded to mistake of facts (not guilty part) to threaten the debtor in connection with debt collection and use his power.

B. The lower court’s punishment is too unjustifiable and unfair.

2. Determination

A. The court below found the Defendants not guilty on the grounds that the reasons for the mistake of facts (not guilty portion) are sufficiently explained in detail, the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged, and there is no other evidence to prove otherwise. The judgment of the court below is just and acceptable when compared with the reasoning

B. In full view of the records of the instant case and all the sentencing conditions indicated in the argument, the lower court’s punishment is too unjustifiable and unreasonable.

3. In conclusion, since all appeals against the Defendants by the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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