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(영문) 수원지방법원 2014.01.16 2013노3555
채권의공정한추심에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (limited to imprisonment for eight months, one year of suspended sentence, one year of community service, and one hundred and twenty hours, and confiscation) is deemed to be too unhued and unreasonable.

2. The crime of this case committed by the defendant, while running the unregistered credit business, received interest exceeding the restricted interest rate from the victims, in particular, it is not good that the defendant committed the act that arouses fear or apprehensions by repeatedly visiting female victims or attempting by telephone or text, and the defendant has been punished several times for illegal credit business business operations, but there is a high possibility of criticism. However, the defendant has been punished several times for illegal credit business operations, but there is no history of punishment heavier than a fine by the defendant due to the same crime, the defendant has not been punished for the same kind of crime, the defendant has agreed with some victims, and all other sentencing conditions shown in the records and arguments of this case, it cannot be deemed unfair because the punishment imposed by the court below is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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