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(영문) 대구지방법원 2015.04.30 2014노571
채권의공정한추심에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below (the fine of KRW 2,00,000) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the name of the defendant as "violation of the Punishment of Violences, etc. Act (joint intimidation), intimidation, assault, and the applicable provisions of law", "Articles 2(2) and 2(1)1 of the Punishment of Violences, etc. Act and Articles 283(1), 260(1), 37, and 38 of the Criminal Act", and applied for an amendment to the amendment of indictment with the contents of the facts charged as stated in the following criminal column. Since the court permitted the amendment, the judgment of the court below is no longer maintained.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: each of the 2nd 7th 7th 7th 7th and 12th 12th 2th 3th 2th 2nd 2nd 2nd 3rd 2nd 2nd 2nd 3rd 2nd 2nd 3rd 2nd 3rd 2nd 2nd 3rd 2nd 3rd 2nd 6th 3rd 2nd 3rd 3rd 2nd 6th 3rd 3rd 2nd 3rd 3rd 2nd 3rd 2nd 2nd 13th 2nd 3rd 2nd 2nd 13th 2nd 3th 2nd 3th 2nd 3rd

Application of Statutes

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act regarding criminal facts, each of the choice of punishment, Article 283(1) of the Criminal Act (Joint Intimidation and Selection of Fines) and Article 283(1) of the Criminal Act are intimidation under Article 283 of the Criminal Act.

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