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(영문) 서울중앙지방법원 2020.06.24 2019노2629
채권의공정한추심에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not plucking, plucking, or plucking up the victim by threatening the victim or threatening the victim, and the Defendant’s act was not conducted for debt collection.

B. In light of the legal principles, since the victim first prices the defendant, the defendant's act is excluded from illegality as it constitutes legitimate act or self-defense.

C. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the lower court as to the assertion of mistake of facts and misapprehension of legal principles, the Defendant can fully recognize the fact that the Defendant has plucked, plucked, and plucked up the victim with a large amount of sound that he would repay the money to the victim in connection with the claim collection, so the Defendant’s assertion of mistake of facts is groundless

In addition, the defendant asserts that the victim first purchased the defendant, but there is no evidence to acknowledge it, and the defendant's act cannot be viewed as legitimate act or self-defense in light of the circumstances where the assault was committed as mentioned above. Therefore, the defendant's assertion of legal principles is without merit.

However, the written indictment states that the place where the Defendant used violence is stated as “B building C,” but according to evidence, the place where the Defendant used assault is “B building C,” and thus, the place where the Defendant used assault is the small room managed by the victim in the B building. Thus, pursuant to Article 25 of the Regulation on Criminal Procedure, the court below ex officio changed the “B building C,” “B building C,” as “small room

From the investigation stage, the victim made a consistent statement that he/she was assaulted in the “small protection”, and such change does not seem to bring about a substantial disadvantage to the defendant’s exercise of his/her defense right.

In addition, the above changes are related to the establishment of crimes and sentencing.

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