부정수표단속법위반등
The prosecutor's appeal is dismissed.
1. The main point of appeal is that the lower court’s sentence (three years of suspended execution and 80 hours of community service order for Defendant A in January and June, and two years of suspended execution and 40 hours of community service order for Defendant B in June) is too unfasible and unreasonable.
2. Determination as to Defendant A, the sum total of the checks, the sum total of which is very large, the sum total of which is not agreed with the victim of embezzlement and failure to pay the amount of damage, and the denial of some crimes, etc., are disadvantageous circumstances, but Defendant A did not have any record of punishment for the same kind of crime, and endeavored to recover the checks, and some of the crimes are recognized as favorable circumstances.
Defendant
As to B, there are unfavorable circumstances, such as the fact that the majority of the checks were not recovered, and that Defendant B had the record of being punished for the same kind of crime, but Defendant B has the entire view of committing the instant crime, and that the total amount of the checks on default is not a large amount, etc., the circumstances favorable to Defendant B can also be recognized.
In full view of the above circumstances and the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, there is no special change in circumstances that make the sentence different from that of the lower court, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.
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.