(영문) 대구지방법원 2017.10.13 2016노4194 | 리걸엔진

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(영문) 대구지방법원 2017.10.13 2016노4194

부정수표단속법위반

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Of the facts charged in this case, the court below dismissed the prosecution against the violation of the Illegal Check Control Act as to each check listed in the Nos. 7, 10, and 17 of the List of Crimes attached to the sentence of the judgment below and each check listed in the Nos. 1 and 4 of the List of Crimes attached to the sentence of the judgment below, and convicted the remainder of the facts charged.

Defendant

In this case where only an appeal was filed for the reason that the sentencing was unfair, the dismissal part of the above indictment was already finalized, and only the guilty part of the judgment below is subject to the party members' judgment.

2. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

3. Even if the sum of face value of the checks issued and paid by the Defendant is considered in light of the check recovered until the depth of the party, it is inevitable to sentence the Defendant to a sentence of imprisonment with labor on the part of the Defendant.

However, in full view of the fact that the defendant led to a criminal act, the defendant shows an attitude against himself/herself, and the fact that he/she has no record of punishment exceeding a fine, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc., the sentence imposed by the court below is too unfair because it is too unreasonable.

4. In conclusion, the defendant's appeal is with merit. Thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Judgment used again for conviction] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

유사 판례

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-서울북부지방법원 2017.02.02 2016노2241

-대구지방법원 2016.05.12 2015노639

-대전지방법원 2018.11.07 2017노3626

-대전지방법원 2017.05.31 2016노2387