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(영문) 부산지방법원 2016.05.13 2015노2880
부정수표단속법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unfasible and unreasonable.

2. Determination of the amount of damage to each of the instant crimes is considerable, and the fact that the Defendant left the Republic of Korea after committing the crime and appears to have lived for a long time to escape is disadvantageous.

However, in full view of the facts that the Defendant recognized the instant crime and is in profoundly against the Defendant’s depth, favorable circumstances such as the fact that the Defendant agreed with R among the victims of fraud, and other factors of sentencing as indicated in the instant argument, such as the background of the instant crime, circumstances after the crime, Defendant’s age, sexual behavior, environment, etc., the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 of the Regulation on Criminal Procedure). However, the "D Co., Ltd." in the above subparagraphs 5, 8-9, 13, and 18 of the judgment of the court below ex officio under Article 25 of the Regulation on Criminal Procedure is corrected to be changed to Q Co., Ltd., respectively.

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