부정수표단속법위반등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that from the date of this judgment.
1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.
2. In light of the following circumstances: (a) the Defendant had the record of having been sentenced to a suspended sentence due to a violation of the Illegal Check Control Act, and the total sum of the amount of illegal checks exceeds KRW 100 million; (b) the Defendant led to the confession of the instant crime; (c) the Defendant reached an agreement with the victim and the check holders of the instant crime; and (d) the Defendant’s age, character, conduct, environment, occupation, circumstance and details leading to the instant crime; and (e) the sentencing conditions indicated in the record, including the circumstances after the commission of the crime, etc., the sentence of the lower court is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act applicable to the facts constituting an offense (the point of default on payment after the check is issued, the choice of imprisonment), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Taking into account the lower limit of the recommended sentencing criteria for the sentencing of Article 62(1) of the Criminal Code, which set the reasons for the suspended sentence.
[Determination of Punishment] The types 1 (less than KRW 100,00) [Special Convicts] mitigation element (in the event that the degree of the act of deception is weak, the decision of the recommended area] [Determination of the recommended area] Special Mitigation Area] from January - 1 year / [the scope of the recommendation area] the main reasons for the suspension of execution]: positive (not being subject to punishment).