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(영문) 수원지방법원 2020.10.23 2020노3385
부정수표단속법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

The summary of the grounds for appeal (unfair punishment) by the lower court (three years of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendant confessions all of the instant crimes and reflects against the Defendant; (b) two checks (2) were additionally recovered from the Defendant’s age, social ties, number 1, number 2019No. 2582, number 5, number 5, number 2019, number 2582, number 2019, number 1, number 2019, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 2, number 3, number 3, etc. of the instant crimes; and (c) the Defendant’s assertion of unfair sentencing is reasonable, taking account of the reasons indicated in the argument and records of this case, including the Defendant’s age, social ties relation environment, etc.

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

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 2(2) and (1) of the Control of Illegal Check Control Act concerning the facts constituting an offense; Article 347(1) of the Criminal Act; Article 37 of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among the concurrent offenders with imprisonment who choose to punish an offense;

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