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(영문) 부산지방법원 2017.06.02 2017노1111
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. The lower court acquitted Defendant A of the facts charged on May 8, 2015, and found Defendant A guilty of violation of the Act on Registration of Side Business, etc. and Protection of Financial Users. The remainder of the facts charged was guilty.

The prosecutor appealed only the guilty portion, and did not appeal both the defendant A and the prosecutor. Therefore, the part of the judgment of the court below, which became separated, was excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant A’s punishment (five months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor (five months of imprisonment, five months of imprisonment, five months of imprisonment, and two years of suspended sentence) is too unfasible and unfair.

3. Determination

A. We also examine Defendant A’s wrongful assertion in sentencing with the Prosecutor.

The circumstances such as the fact that the defendant recognized all mistakes when it comes to the trial, that there was an agreement with the victim, that there was no previous conviction exceeding the fine, and that family members want the defendant's wife, can be considered as favorable circumstances.

On the other hand, the following can be considered: (a) the Defendant committed a second offense despite the fact that the Defendant was punished for a limited loan exceeding the interest rate; (b) the Defendant led to the instant public conflict and the collection of illegal claims; and (c) the Defendant B, etc. appears to have ordered the Defendant B,

In light of these circumstances, considering all of the sentencing conditions, including the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant A and prosecutor's argument of sentencing is without merit.

B. The Defendant directly committed the instant public conflict and illegal debt collection crimes against Defendant B, and concealed evidence for Defendant A.

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