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(영문) 청주지방법원 2021.02.18 2020노1484
부정수표단속법위반등
Text

The judgment of the court below is reversed.

As to the violation of the Illegal Check Control Act against the defendant, six months of imprisonment and fine.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a year and six months of imprisonment and seven million won) is too unreasonable.

2. Ex officio determination

A. We examine ex officio whether each of the crimes listed in paragraphs (2) and (3) of the judgment of the court below is in a relationship of ex officio concurrent crimes with the crimes for which the judgment of the court below became final and conclusive.

1) In light of the language, legislative purport, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime not yet adjudicated has become final and conclusive at the same time, it is reasonable to interpret that the concurrent crime of Article 37 of the Criminal Act cannot be established and that the sentence may not be mitigated or exempted (see Supreme Court Decision 2014Do469, Mar. 27, 2014) or that the crime of violation of the Illegal Check Act No. 1 was committed on June 1, 2017 and Article 39(1) of the Criminal Act (hereinafter referred to as "the crime of violation of the Illegal Check Act No. 200, Jun. 2, 2017; hereinafter referred to as "the above crime of violation of the Punishment of Tax Evaders Act") was committed on the one-month basis of imprisonment with prison labor with prison labor for not more than 20,000 won, and the crime of violation of the latter part of Article 39(1) of the Criminal Act becomes final and conclusive.

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