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(영문) 수원지방법원 2018.01.12 2017노6110
이자제한법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (a suspended sentence: a fine of one million won) on the summary of the grounds for appeal is deemed to be too uneasy and unreasonable.

2. The lower court suspended the sentence of a fine of KRW 1 million, taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of the facts which are the conditions for sentencing in the trial, in particular, that the sentencing of the court below exceeded the reasonable scope of discretion when considering the following factors: the defendant has been sentenced to a fine once every 15 years before the 15 year period; the defendant has no same criminal records; the defendant has no criminal records; and the sentencing guidelines; and

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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