부정수표단속법위반
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that from the date of this judgment.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. Although there are circumstances unfavorable to the Defendant, such as the fact that the sum of face value of the non-paid check exceeds KRW 444 million and the amount is considerably large, the Defendant recognized his mistake and reflects it, at the original trial, the Defendant recovered three copies of the check at the original trial, and at the first instance court on April 14, 2016, the Defendant submitted a copy of the check under the name of “the check number E, the amount of the check, the amount of KRW 20 million, the date of issuance, the amount of January 15, 2015,” to the court of the first instance on April 14, 2016, which is “the check number E, the amount of the check, the amount of which was KRW 20 million, and the date of issuance. However, the check does not constitute the check for which the instant prosecution was
In full view of the following facts: (a) additional recovery of B/L and the Plaintiff appears to have made continuous efforts to recover the check, such as agreement with the four holders of the 4th check; (b) the primary offender who has no record of criminal punishment; and (c) the Defendant’s age, sex, environment, motive and background of the crime; (d) motive and background of the crime; (e) method, scale and frequency of the crime; and (e) the circumstances after the crime, all of the sentencing factors indicated in the argument of the instant case, the sentence imposed by the lower
3. According to the conclusion, the defendant's appeal is reasonable, and the conviction part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows, except where the court below's judgment against the "as shown in the list of crimes in the annexed sheet of crimes 5" as "as shown in the annexed sheet of crimes 1, 3, 5 through 8, 10 through 19 are the same as the corresponding column of the court below's judgment, and thus, the summary of the facts charged by this court and the evidence thereof are the same as the corresponding column of the court below's judgment.
Application of Statutes
1. Article 2 of the Control of Illegal Check Act concerning facts constituting an offense and Article 2 of the Illegal Check Control Act.