(영문) 수원지방법원 2014.09.04 2014노2868 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.09.04 2014노2868

유가증권위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal presented an argument about mistake of facts in the statement of grounds for appeal, but withdrawn from the second trial.

The punishment of the court below (two years of imprisonment) is too unreasonable.

2. The judgment of the court below is inappropriate in light of the following circumstances: (a) the Defendant’s total amount of damage caused by each of the instant crimes is large; (b) the Defendant did not actively endeavor to recover defaulted checks and pay unpaid wages and retirement allowances; and (c) the Defendant was staying abroad immediately after the commission of each of the instant crimes; or (d) the Defendant committed each of the instant crimes as he was aware of his fault; (b) the Defendant appears to have committed a crime as he was unable to operate his company due to an IMF situation; (c) there are some circumstances to be taken into account in the course of the instant crime; (d) the amount equivalent to the unpaid wages and retirement allowances paid out of the remaining assets, etc. of the Defendant appears to have been paid (the evidence records of this case No. 2014Da475). The Defendant appears to have voluntarily attended and cooperated with the overseas consular branch before each of the instant crimes; and (d) the Defendant did not have any other punishment force prior to each of the instant crimes; and (e) the Defendant’s age, character and character, environment, circumstances, means and consequence after the instant crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3(1) of the Act on the Control of Illegal Check (wholly amended by Act No. 10185, Mar. 24, 2010) and Article 3(1) of the former Act on the Control of Illegal Check (wholly amended by Act No. 10185.

참조조문

-부정수표 단속법 제3조 제1항

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-수원지방법원 2015.01.29 2014노2788

-서울서부지방법원 2013.09.10 2013노358

-서울남부지방법원 2013.12.13 2013노1803

-수원지방법원 2018.09.13 2018노3067

-서울북부지방법원 2015.04.22 2014고단4516