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(영문) 인천지방법원 2014.10.16 2014노1324

부정수표단속법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Scope of the trial of the political party, and a summary of the grounds for appeal;

A. As to the violation of the Illegal Check Control Act with respect to each check listed in the separate sheet No. 1 No. 8 of the crime committed in the judgment of the court below, and No. 2 of the separate sheet No. 7 of the crime committed in the separate sheet, the court below dismissed the prosecution, and found guilty of the remaining violation of the Illegal Check Control Act and each fraud.

However, as to the conviction portion of the court below, only the defendant appealed on the ground of unfair sentencing, and as to the dismissal portion of the prosecution, the defendant and the prosecutor did not appeal, and thus, the scope of this court's trial is limited to the portion sentenced to the

B. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below that the defendant agreed with the victim I of the crime of this case, that the defendant additionally recovered the checks listed in 1.2 Nos. 2 and 11 and 12 of the crime of this case in the judgment of the court below from the court below, and that if the defendant had been recovered before the decision of the court below was made, the judgment dismissing the prosecution was rendered on this part. However, in light of the circumstances favorable to the defendant, the fact that the checks which the defendant has not yet recovered due to the crime of this case are 16 million won in total and 15.1.2 million won in total, and the circumstances leading up to the crime of this case and motive leading up to each crime of this case, circumstances leading to the crime of this case, the defendant's age and character, environment, etc., the punishment of the court below against the defendant is too too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.