(영문) 대구지방법원 2019.07.12 2019노1489 | 리걸엔진

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(영문) 대구지방법원 2019.07.12 2019노1489

부정수표단속법위반등

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a term of two years and a fine of ten million won.

3. The defendant is above.

Reasons

1. The summary of the grounds for appeal (a punishment of two years of imprisonment, a fine of ten million won, confiscation) imposed by the court below is too unreasonable.

2. The act of forging or uttering the judgment cashier's checks requires strict punishment due to the act of undermining the social trust of the cashier's checks and undermining the order of the street, and this case is recognized that the defendant forged 90,000 won cashier's checks of 5 million won by the secret method, and 11 out of the forged checks is presented to the victims by using the circumstances where it is difficult to confirm the accuracy of the forgery of the checks at the end of the week, and 5,00,000 won in total, and it is recognized that the crime is very bad, and that the number of forged checks and the amount of fraud is each high.

However, the fact that the defendant recognized all of the crimes of this case, agreed with all the victims in the original trial, grow up in an unfavorable environment after divorce, but the defendant appears to have lived in good faith due to the crime of this case, and there is only a history of having received a disposition of suspension of indictment twice due to the crime of this case, there is no criminal conviction, the fact that the defendant is a social sports course student in the AR University, the defendant's parents and other family members want to take the lead to the defendant, and the defendant was detained on January 9, 2019, and will not repeat the crime. If the sentence of this case becomes final and conclusive, it is too harsh that the defendant will not be able to live in prison for about six months through detention and will not repeat the crime. Thus, it is also recognized that there is a need to give more opportunity to take measures once more than once.

In addition, in full view of various circumstances such as the character, character, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is against the defendant.

유사 판례

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