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(영문) 제주지방법원 2018.01.11 2017노558
대부업등의등록및금융이용자보호에관한법률위반등
Text

The judgment of the court below is reversed.

Of the crimes of No. 1 in the judgment of the 2017 Highest 223 cases and the crimes of No. 2 in the judgment of the court, the defendant is attached.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding (the point of coercion among the facts charged in this case) Defendant did not force the victim D to perform an act that does not have any obligation, as described in this part of the facts charged.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

2) Of the lower judgment by misapprehending the legal doctrine, the part of the lower judgment that confiscated violated the principle of proportionality, thereby misapprehending the legal doctrine.

3) The lower court’s unfair sentencing (two months of imprisonment, two years of imprisonment, and confiscation) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Of the crimes listed in the judgment of the court below in the 2017 Highest 223 cases, each of the crimes listed in the 2nd sentence 1 to 21 of the annexed Table 1 among the crimes listed in the 2nd sentence in the 2nd sentence of the 2017 Highest 2017 High Highest 223 cases, the crimes listed in the 1 to 21st sentence of the annexed Table 2 in the judgment of the court below, among the crimes listed in the 2nd sentence of the 2nd sentence, shall be considered at the same time in the relation of confinement for which the judgment of the court below became final and the concurrent crimes listed in the 37th sentence of the Criminal Act. In addition, in full view of the defendant's age, sex, environment, motive, means and method of each of the crimes listed in the 2nd sentence of the above case, and all the sentencing factors shown in the trial process, the defendant's allegation in the 2nd sentence is justified.

3. Determination as to each of the crimes listed in the Decision 1 in the 2017 Highest 223 cases, each of the crimes listed in the Decision 2, the No. 22 or No. 119 of the List of Crimes listed in the 2017 Highest 223 cases, and each of the crimes listed in the Order 1164 cases

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Of the facts charged in the case of 2017 Highest 223 cases, the Prosecutor’s “1. Unregistered Loan Business” portion of “130 times in total, as shown in attached Tables 1 and 2 List of Crimes List 2,” in attached Tables 1 and 2 of List of Crimes.

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