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(영문) 인천지방법원 2016.06.17 2015노4520

부정수표단속법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing a public prosecution on the violation of the Act on the Control of Illegal Check as to each check listed in Nos. 1, 4, 6, and 8 of the List of Crimes in Annex 1, 4, 6, and 8 as indicated in the judgment of the lower court and the List of Crimes in Annex 1, 2, 8, and 9 as indicated in the judgment of the lower court, and convicted the remainder of the facts charged.

However, since only the defendant appealed against the guilty portion of the judgment of the court below, and the dismissal portion of the above public prosecution among the judgment of the court below becomes final and conclusive as the prosecutor did not appeal, the scope of this court's

2. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

3. The judgment of the court below recognizes all the criminal facts and reflects the defendant's criminal facts, and additionally collects one copy of the household check amounting to three million won per face value when the defendant was in the trial, and there are some circumstances to consider the criminal facts in the crime of this case as a result of the management deterioration caused by the defendant's health deterioration. However, the unpaid check amounts to 14th and the total sum of the unpaid checks is not sufficient, and the check additionally recovered after the judgment of the court below is merely one copy of the household check amounting to three million won per face value as above, and there are no additional checks recovered, and in light of other various circumstances that are the conditions for the sentencing of this case, such as the defendant's age, sex and environment, motive for the crime, means, and result, etc., the defendant's argument is without merit. Therefore, the defendant's argument is without merit.

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