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(영문) 수원지방법원 2016.08.25 2016노1885

부정수표단속법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) some of the checks issued and suspended by the Defendant were recovered in the course of investigation and the original trial; and (c) the Defendant’s health status is somewhat inappropriate.

However, in full view of all the factors such as the Defendant’s age, sex, environment, and family relationship, the sentencing of the lower court cannot be deemed unfair because it is too unreasonable, in light of the following: (a) the total amount of the unpaid checks that have not been recovered for the instant crime reaches a considerable amount exceeding KRW 70 million; (b) the Defendant was subject to criminal punishment by committing fraud in the past; and (c) the Defendant has been sentenced one time to a suspended sentence of imprisonment; and (d)

3. 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.