부정수표단속법위반등
The prosecutor's appeal is dismissed.
1. The summary of the reasons for appeal - The sentence of the lower court (two years and six months of imprisonment, three years of suspended execution, and five million won of fine) is deemed unreasonable.
In addition, in relation to one fine, each offense of violation of the Illegal Check Control Act and the Special Measures Act on the Control of Public Health Crimes (Unlawful Medical Service Providers) should be imposed concurrently as a fine. However, the lower court did not separately impose a fine for violation of each of the above statutory provisions and did not apply the special provisions of Article 6 of the Illegal Check Control Act.
2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court below were revealed in the trial at the court below, and there is no particular change in circumstances concerning the matters subject to sentencing after the sentence
In addition, in full view of the grounds for sentencing as cited by the court below and all other factors of sentencing as shown in the records of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below’s punishment was unhued and exceeded the reasonable scope of discretion.
shall not be deemed to exist.
In addition, with respect to a fine, the lower court imposed a fine on each of the crimes committed by the violation of the Act on the Control of Illegal Check and the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operators) by imposing a fine on each of the crimes, and calculated the punishment by aggravated concurrent crimes. Since there is no legal basis for the application of the special provisions on the special provisions on the violation of the Act on the Control of Illegal Check-Related Acts, the lower court did not err as otherwise alleged by the prosecutor.
Therefore, prosecutor's assertion is not accepted.
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.