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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the Defendant, together with F and G, committed an act of collecting money during the restaurant business hours and collecting money for 30 minutes in return, and such an act is sufficient to suppress the victim’s free will, and thus constitutes force.
2. Determination
A. Article 9 Subparag. 1 and Article 15(1) of the Act on the Fair Collection of Claims under Relevant Law stipulate that the act of assaulting, threatening, arresting, or detaining an obligor or his/her related person in connection with debt collection shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won.
In addition, Article 9 Subparag. 2 through 6 and Article 15(2) of the above Act stipulate that the act of inducing fears or apprehensions by repeatedly visiting, visiting at night, and repeatedly speaking in connection with debt collection, etc., and forcing the debtor or his related persons to prepare the debt repayment fund by borrowing money or by any other similar means, and inducing fears or apprehensions to the debtor, etc., shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.
In light of the fact that the use of force in connection with debt collection is punished by classifying it as the same type of act as that of assault, intimidation, arrest, and confinement against the debtor, etc., and is heavily punished rather than the type of act causing fear or apprehensions to the debtor, etc., such as at night visits, repeated telephones, or coercions to raise repayment funds, the term “comforcing force” under Article 9 subparag. 1 of the above Act should be the time limit of the ability to cause more severe pressure than the type of act under Article 9 subparag. 2 through 6 of the above Act. It should be the effect of pressure similar to that of assault, intimidation, arrest, and confinement against the debtor, etc., who is another type of act under Article 9 subparag. 1 of the above Act.
(b) judgment;