(영문) 울산지방법원 2016.05.20 2015노1282 (1)

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(영문) 울산지방법원 2016.05.20 2015노1282 (1)

대부업등의등록및금융이용자보호에관한법률위반

Text

All parts of the judgment of the court below against Defendant C shall be reversed.

Defendant

C shall be punished by imprisonment of one year and nine months.

Reasons

1. Of the instant facts charged, the lower court dismissed each of the charges regarding Defendant GJ’s assault, Defendant GM’s assault, Defendant GM’s assault, and forced indecent conduct, and sentenced each of the remaining facts charged.

As to this, Defendant GO did not appeal, Defendant GJ, and GM appealed for the reason that the sentencing was unfair only for the guilty part, and the prosecutor appealed only for the guilty part against the above Defendants, and the dismissal part of the above indictment in the judgment of the second instance is separate and finalized as it is, the scope of the judgment of this court against Defendant GJ, GM, and GO is limited to the conviction part of the judgment of the second instance.

2. Summary of grounds for appeal;

A. The sentence imposed on the Defendants at the first instance court, except Defendant GK and GO, imposed on the Defendants at the second instance court (the sentence imposed on the Defendants: 8 months of imprisonment, 2 years of probation, 120 hours of community service, 6 months of imprisonment, 6 months of probation, 2 years of community service, 80 hours of community service, 7,00,00 won of fine in case of Defendant P), and the sentence imposed on the Defendants at the second instance court (the sentence imposed on the Defendants: 1 year and 6 months of imprisonment, 8 months of probation, 8 months of probation, 80 hours of community service, 80 hours of imprisonment, 6 months of probation, 2 years of community service, 6 months of imprisonment with prison labor, 6 months of community service, 1 year and 6 months of imprisonment with prison labor, 1 year and 6 months of GR, 1 year and 6 months of probation, 20 years of suspended execution, 20 million won of sentence, 200 won of G.

B. The above sentence imposed on Defendant C, EM, GJ, GM, and GR and the sentence imposed on Defendant GK (one year and two months of imprisonment, three years of suspended execution, three years of community service, 160 hours of imprisonment), Defendant GO (one year of suspended execution, two years of suspended execution, and 80 hours of community service) is unreasonable.

3. Determination

A. Defendant A recognizes and reflects the instant crime.

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