beta
(영문) 제주지방법원 2014.12.18 2014노523

부정수표단속법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (two years of suspended sentence in August) of the lower court is deemed to be too unhued and unfair.

2. In full view of the following circumstances: (a) even though the Defendant’s total face value per share that the Defendant was unable to recover is large of KRW 67.68 million; and (b) the Defendant did not fully recover from damage up to the trial, the Defendant’s mistake is against himself/herself while recognizing the instant crime; (c) the Defendant was a primary offender; (d) the Defendant’s failure to operate his/her aquaculture business led to the instant crime due to managerial difficulties; and (e) the Defendant’s age, character and conduct, environment, and conditions of sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, and conditions before and after the instant crime, it cannot be deemed that the Defendant’s punishment

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.