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(영문) 서울중앙지방법원 2018.01.19 2017노3897
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. The lower court sentenced the Defendant to one year of imprisonment with prison labor, on account of the circumstances indicated in the reasoning for sentencing, including the fact that the lower court agreed with the Victim L, but in light of the following circumstances, the lower court’s sentence is too unreasonable.

1) The Defendant had been sentenced to 6 months of imprisonment with prison labor due to a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users, but again went to the same kind of crime.

2) The Defendant’s period of running the Defendant’s unregistered loan business is long, and the frequency and amount of loan without registration is high, and the interest accrued by the Defendant also exceeds the level of self-regulation.

The defendant's act is likely to disrupt sound economic order, which is the foundation of our society, and cause serious damage to ordinary people in financial users.

3) Examining the situation in which the victim’s similarity act was transmitted dynamic pictures and b body pictures, and the background leading up to threatening the victim L for the collection of claims, the defendant would have been able to force a female debtor by means of money lending to engage in an act that may cause severe sexual humiliation and insult, as well as to use them in threatening the victims for the collection of claims later by photographing such act in a dynamic image.

Therefore, this part of the crime is not only a simple sexually active crime, but also a imprudent crime that has abused female debtors' booms and weaknesss, and thus, the nature of the crime is very poor.

4) In light of the above circumstances, even if the Defendant took into account favorable circumstances, such as the circumstances agreed with L, the Defendant is strict.

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