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(영문) 의정부지방법원 2013.05.16 2013노106
채권의공정한추심에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of the lower judgment (one million won of a fine) is too unfied.

2. In full view of the following factors: (a) the judgment of the court below; (b) the defendant was the time to commit a crime; (c) the defendant was sentenced three times a fine or was sentenced to a suspended sentence; (d) the defendant has no record of having committed the same kind of crime; (c) the defendant does not want the punishment of the defendant; (d) the defendant has a disability of class 5 with a delay disability; and (e) the defendant is in the position to support his mother and her child; and (e) other factors of sentencing as indicated in the instant case, including the defendant’s age, character, conduct and occupation; (e) the process and consequence of the case; and (e) the circumstances after the crime,

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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