beta
(영문) 인천지방법원 2017.12.19 2017노3051

부정수표단속법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (four months of imprisonment) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

It is considered that there has been one time before the same probation, but it has been 21 years of consideration and that special amnesty has been reinstated.

It is also considered that all remainders have been recovered except for the check which has been convicted.

However, in that the check of the part found guilty is a large amount of KRW 100 million, the criminal liability of the defendant is not that of the defendant.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문