부정수표단속법위반등
The judgment below
The part of the Defendants is reversed.
Defendant
A Imprisonment of one year and six months, and fine of 1,500,000 won, Defendant.
1. In light of the overall circumstances, including the fact that the Defendants are against the principle of unfair sentencing, the sentence imposed by the lower court against the Defendants (Defendant A: imprisonment of one year and six months and fine of three million won, confiscation, Defendant B: imprisonment of one year and one million won) is too unreasonable.
2. Before determining the grounds for appeal by the Defendants ex officio, the lower court ex officio examined the Defendants’ grounds for appeal, and applied Article 5 of the Illegal Check Control Act and Article 30 of the Criminal Act to each act of forging one hundred thousand won cashier’s checks among the facts charged in the instant case against the Defendants, and sentenced each of the above crimes to a concurrent offense by applying the former part of Article 37 of the Criminal Act, and sentenced each of the above crimes to a fine of three million won against Defendant A and two million won against Defendant B.
However, Article 5 of the Illegal Check Control Act provides that "a person who forges or alters a check shall be punished by imprisonment for a fixed term of not less than one year and by a fine not exceeding ten times the amount of the check." In the event of aggravated concurrent crimes with respect to fines, the maximum amount of fines for the most severe crime pursuant to Article 38(1)2 of the Criminal Act shall be increased by one half thereof. Thus, when concurrent crimes are aggravated as in the judgment of the court below, the scope of punishment of fines for the violation of the Illegal Check Control Act shall be 1.5 million won or less (i.e., one million won or less the amount of the check x 1.5)."
Ultimately, the lower court erred by determining the sentence in excess of the maximum applicable sentences formed through the aggravation of statutory punishment, and thus, it is difficult to exempt the reversal of the lower judgment.
3. Accordingly, the part of the judgment of the court below on the grounds of ex officio reversal as seen earlier is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and the part of the judgment below ex officio is reversed, and it is again decided as follows.
Criminal facts
b) the evidence;