부정수표단속법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (limited to imprisonment for eight months, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.
2. Although the face value of the household check unpaid by the Defendant is reasonable, the Defendant’s attempt to recover the unpaid household check continues to be collected more than 4 copies of the check after the commission of the crime, the Defendant’s reflects the fact that there are circumstances that may be considered in light of the circumstances leading to the instant crime, including the Defendant’s absence of criminal records, and all of the sentencing conditions, including the amount of the check not recovered until now among the total defaulted checks, the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) of the Control of Illegal Check Control Act (Selection of Fines) concerning the facts constituting an offense and Article 2 (2) and (1) of the same Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;