(영문) 부산지방법원 2016.10.14 2016노2948 | 리걸엔진

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(영문) 부산지방법원 2016.10.14 2016노2948

부정수표단속법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution against the Defendant as to the violation of the Illegal Check Control Act as to each of the following: (a) the number of shares listed in the table of crime (1) Nos. 3, 5, 14, and 15; (b) each of the offenses listed in the table of crime (2), Nos. 2, 4, 8, and 11 listed in the table of crime (2) of the judgment below; and (c) the check number (F); and (d) the date of issuance (3 million won on December 31, 2015)’s “three million won” per share; and (e) convicted the Defendant of the remainder.

However, since the defendant appealed the part of the judgment of the court below and did not appeal all the defendant and the prosecutor with respect to the dismissal of public prosecution, the part of the judgment of the court below which dismissed public prosecution is separate and finalized, and only the portion of the judgment of the court below which

2. The summary of the grounds for appeal is too unreasonable that the penalty (three million won of a fine) imposed by the court below against the defendant is too unreasonable.

3. The judgment of the court below is inappropriate in full view of the following factors: although the sum of the face value of the non-repaid checks that the defendant failed to recover reaches KRW 51 million, and there is no possibility to recover them, the defendant is against the depth of the crime of this case; the defendant recovered the provisional coefficient table of Chapter 9 at the court below; the defendant collected additional check number 1; the defendant is economically difficult and raises two children alone; the defendant raises two children alone; the defendant has no record of investigation; the defendant's age, environment, family relationship; the circumstances leading to the crime of this case; and the circumstances before and after the crime of this case, etc.; the court below's punishment is too unreasonable.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

참조조문

-부정수표 단속법

-형사소송법 제364조 제6항

유사 판례

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-수원지방법원 안양지원 2015.03.12 2014고단1420

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