부정수표단속법위반등
The part on the defendant of the first judgment and the second judgment shall be reversed respectively.
Defendant shall be punished by imprisonment for a period of one year and two months.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for not more than 10 months and the second judgment: imprisonment with prison labor for not more than 6 months) declared by the court below is too unreasonable.
2. As each of the judgments of the court below's ex officio cases is merged in the trial, each of the crimes in the judgment of the court below becomes concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and simultaneously a sentence shall be sentenced in accordance with Article 38 of the Criminal Act.
In this respect, the judgment of the court below can no longer be maintained.
3. In conclusion, the part of the judgment below against Defendant A among the judgment below is reversed under Article 364(2) and (6) of the Criminal Procedure Act and it is again decided as follows.
【Grounds for Appeal against the Judgment of the Court for Appeal】 Facts constituting a crime and summary of evidence acknowledged by the court against the defendant and summary of the evidence are the same as stated in each corresponding column of the relevant judgment of the court below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) (main sentence), Article 2 (2) and (1) of the Control of Illegal Check Act concerning a crime, Article 3 (1) (main sentence), Article 30 of the Criminal Act, Articles 231 and 234 of the Criminal Act, and Article 347 (1) of the Criminal Act (elective of imprisonment with prison labor);
1. From among concurrent crimes, the punishment is determined as ordered in consideration of various conditions of sentencing, including the Defendant’s age, character and conduct, motive and method of the crime, the amount of damage, the amount of damage, and the circumstances after the crime, which were not paid by issuing a short term check in accordance with the prior plan for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, including the fact that the nature of the crime of this case is not minor, and the damage is not recovered.