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(영문) 부산지방법원 2019.05.03 2019노451
대부업등의등록및금융이용자보호에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the judgment, and it is recognized that the Defendant committed the instant crime during the period of repeated crime even though he/she had been punished for a suspended sentence of imprisonment for the same type of crime.

However, in light of the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime, etc., the defendant's argument is justified, and the prosecutor's argument is without merit, since it is judged that the punishment of the court below is unreasonable, considering that the defendant's punishment of the above victims is unreasonable, and the defendant's argument is without merit. The defendant's argument is without merit. The defendant's argument is without merit.

4. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is

(However, as long as the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately in the disposition). [Judgment of multiple use] Criminal facts and summary of evidence recognized by the court, and summary of evidence are the same as stated in the corresponding column of the judgment of the court below, and thus, it shall be cited as it is in accordance with Article

Application of Statutes

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users.

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