logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.09.27 2017노1475
채권의공정한추심에관한법률위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (one-year imprisonment) by the lower court is too heavy or unhued so as to be unreasonable;

2. The judgment of the defendant recognized the crime of this case as well as reflects the mistake thereof, the fact that the victim I and the original court agreed to do so, and that one million won was deposited in the court for the victim E and endeavored to recover the damage. The defendant did not have any criminal record of suspended execution or more, and that the defendant's wife wanted to have his wife against the defendant is more favorable.

However, it is very poor in light of the criminal history, such as assaulting and threatening the victim E, raising more than KRW 21 million in total, and threatening and imprisonment the victim as an obligor, etc. Nevertheless, the Defendant did not seem to have an attitude of the investigative agency to transfer his responsibility to the victims to the victims, the Defendant did not agree with the victim E, and the Defendant was unable to recover most of the damages up to now, and the Defendant was punished by a fine for the same violent crime, and was subject to juvenile protective disposition several times.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, the records of the instant case as well as the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or it is unreasonable to view that the Defendant’s deposit of a part of the damage amount is too heavy in consideration of the circumstances.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow