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(영문) 서울서부지방법원 2016.04.28 2015노1852

부정수표단속법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. In light of the following circumstances as shown in the judgment records and arguments, and other various sentencing conditions, such as the background of the crime, the Defendant’s career, and the environment, the sentence of the lower court cannot be deemed to be too unfluent and unfair.

The defendant had been sentenced to the two-year suspended sentence for eight months of imprisonment due to the violation of the Illegal Check Control Act in 1999, but there is no same criminal record thereafter.

The defendant acknowledges and reflects his wrongness.

Since the age of 60th and second half, the defendant is making it economically difficult for him to live.

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