(영문) 부산지방법원 2015.02.05 2014노2391 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.02.05 2014노2391

부정수표단속법위반

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

provided that this ruling has become final and conclusive.

Reasons

1. Of the facts charged in this case, the court below dismissed the public prosecution on the grounds of recovery of the check after issuing the list of units of the crime and sentenced the defendant to two years by recognizing only the fact of default after issuing the remaining list of units of the crime. Since only the defendant appealed, the dismissal of the public prosecution without the defendant's interest in appeal has become final and conclusive, and only the guilty part of the judgment below remains subject to the judgment of this court.

2. The summary of the reasons for appeal (two years of imprisonment) by the lower court is too unreasonable.

3. Although the amount of a check which has not been recovered until now has not been determined, there are many circumstances that can be considered when considering the relationship between AK and the defendant and the defendant among the default checks in this case, which are revealed as a result of the sentencing review, including the sentencing investigation in the trial, and the circumstances of delivery thereof, etc., and the defendant who has failed to recover the check has a harsh aspect, and the defendant has no previous criminal history, and the defendant has no responsibility for the check book, and the defendant has netly recognized the responsibility for the check book. Above all, the circumstances that collected the sum of face value and endeavored to recover the remaining check after the decision of the court below, and the AL, the holder of the attached list No. 1 check, expressed the defendant's intention not to punish the defendant in the trial, the recent health situation of the defendant's wife, the defendant's age, character, and environment, etc., it is too difficult to punish the sentence of the court below.

4. As such, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and this part is judged as follows after pleading.

Criminal facts

The summary of the evidence and the facts constituting the crime recognized by this Court.

참조조문

-형사소송법 제364조 제6항

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