beta
(영문) 의정부지방법원 2017.01.10 2016노3122

부정수표단속법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects on the crime of this case, and that the defendant has no record of the same crime.

B. However, in full view of the following circumstances: (a) the total amount of the checks that the Defendant defaulted was 110 million won or more; (b) the victims were not agreed upon; (c) the victims were not repaid; (d) there was no special change in circumstances after the judgment of the court below was rendered; and (e) other circumstances that conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, are considered in favor of the Defendant, the sentence of the court below is too unreasonable, even if the above circumstances favorable to

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.