부정수표단속법위반
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
1. As to the violation of the Illegal Check Control Act on the Check Nos. 1, 3, 4, 5, 6, 8, 9, and 10 of the indictments in this case, the court below dismissed the public prosecution on the grounds of the recovery of the check, and sentenced the defendant to the punishment for April and one year of suspended execution, by recognizing the violation of the Illegal Check Control Act on the Check Nos. 2, 7 of the attached list of crimes, and sentenced the defendant to the punishment for the violation of the Act on the Illegal Check Control over the Check Nos. 2, 7. Since the part of the indictment which the defendant and the prosecutor did not appeal against the conviction was finalized, the scope of the judgment of the court below
2. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unreasonable.
3. It is recognized that the instant crime was a crime that has impaired the trust in the check system, and that there is a need to strictize in considering its social harm.
However, in full view of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, sex, family environment, background of the crime, circumstances after the crime, etc., the sentencing of the lower court is somewhat unreasonable, and thus, it is recognized that the Defendant’s above assertion is unreasonable, since it is recognized that the sentencing of the lower court is somewhat unreasonable, since it is recognized that the Defendant’s aforementioned assertion is reasonable, since it is reasonable in full view of the following: (a) the Defendant’s business was collected all checks Nos. 2 and 7, which were listed in the facts charged of this case, and the Defendant’s business was caused by the wind that the Defendant did not receive any outstanding amount while running his business.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is ruled again after pleading as follows.
[Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court, as well as the evidence related thereto.