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(영문) 서울서부지방법원 2013.09.10 2013노358

부정수표단속법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for six months of imprisonment, and one hundred and twenty hours of community service) of the lower court shall be too minor;

2. The sum of the number or face value of the defaulted checks issued by the Defendant is not much specified, and the Defendant left Korea and had a woman living together with Japan for about 13 years since the instant checks were in a crisis on the date of default, and had no checks recovered until now, etc. are elements for sentencing disadvantageous to the Defendant.

However, in full view of the various sentencing conditions as shown in the argument of this case, including the fact that the defendant is both aware of the crime of this case and the defendant has no criminal record of the same kind or suspension of execution or more, the sentence imposed by the court below is judged to be within the proper range of sentencing.

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

[However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the part of the judgment of the court below in the column for the application of Article 25(2) and (1) of the former Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010) as “Article 2(2) and (1) of the former Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010)” shall be amended as “Article 2(2) and (1) of the former Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010).”