부정수표단속법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in the indictment to add "Article 3 (1) of the Illegal Check Control Act" to the applicable provisions of the Acts to the defendant. Since the subject of the judgment was changed by this court's permission, the judgment of the court below, which is based on the initial facts charged, cannot be maintained any more.
In addition, according to the records of this case, on July 25, 2014, the defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Seoul Southern District Court for a period of two years, and the same year.
8.2. 2. It can be recognized that the above judgment has become final and conclusive, and as such, the crime for which judgment has become final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity with the case to be adjudicated at the same time in accordance with Article 39(1) of the Criminal Act. In this regard, the judgment below
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and the judgment below is reversed and it is again decided as follows.
[C] The facts constituting a crime and the summary of evidence recognized by the court and the summary of the facts constituting a crime are as follows. The first head of the judgment of the court below is "the defendant shall be sentenced to a suspended sentence of two years for a period of one year in the Seoul Southern District Court on July 25, 2014, and the same year.
8.2. A person for whom the above judgment has become final and conclusive.
“A previous conviction in the last sentence of the evidence” is the same as the entry in the corresponding column of the lower judgment, except for the addition of “a statement in the Defendant’s trial court at the last sentence.”