(영문) 대구지방법원 2020.01.09 2019노3846 | 리걸엔진

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(영문) 대구지방법원 2020.01.09 2019노3846

부정수표단속법위반등

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The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, fine of seven thousand won,00,000 won, Defendant B shall be sentenced to one year and one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 2 months, fines of 7 million won, Defendant B: imprisonment with prison labor for 1 year and 7 million won) declared by the court below is too unreasonable.

2. Each of the instant crimes committed by the Defendants, C, and D, by sharing their respective roles, forged 30 million won cashier’s checks with the total sum of KRW 90 million to KRW 30,000,000, and acquired precious metals and cash from the precious metal company in the location of 4 places by using some of them, and acquired precious metals and cash from the precious metal company in the location of 3 places, and commit such crimes is very serious.

In light of the fact that the Defendants asked C to forge the instant cashier’s checks, and offered D KRW 3 million to change them to the original cashier’s checks necessary for this Article, the Defendants appears to play a leading role.

Defendant

A on June 20, 2018, the Daegu Family Court received a long-term probation disposition, etc. and committed each of the crimes in this case during the probation period.

However, the defendants recognized their mistakes and are against themselves.

Defendants have no record of criminal punishment yet against young adults of 20 years of age.

In the trial, the victim AB expressed that the father of the defendant B would not want to be punished for the defendants, and the defendants agreed to both the victims of each fraud of this case.

In addition, in full view of the various circumstances, including the defendants' age, character and conduct, environment, health condition, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment is delivered again as follows.

[The reasons for the judgment of multiple times] crime and crime.

참조조문

-형사소송법 제364조 제6항

유사 판례

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