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(영문) 전주지방법원 2016.01.27 2015노1165
부정수표단속법위반등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of the original court (the first instance court: 1 year of imprisonment; 4 months of imprisonment; 1 year of suspended execution) is too unreasonable.

2. The defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of each of the above appeal cases. The judgment of the court below against the defendant should be sentenced to a single punishment within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this respect, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without further proceeding to decide on the defendant's unfair argument of sentencing.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited 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 Act concerning facts constituting an offense, Article 347(1) of the Criminal Act, and Article 2(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and Article 2(2) of the Act on the Regulation of Illegal Check-Out

1. The reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes lies in the confession of each of the crimes of this case, and there is no criminal record exceeding the same criminal records or fine, and the court below did not agree with the victim of the crime of fraud and thus, the victim does not want the punishment of the defendant, and at the court below, collected four Chapters (the sum of the check amount 98 million won) out of the checks for which payment has been refused at the court below, and the size of the default of the check of this case reaches 253 million won, and among them, the check amount equivalent to 150 million won has not been recovered.

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