(영문) 서울서부지방법원 2013.09.24 2013노819

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(영문) 서울서부지방법원 2013.09.24 2013노819

부정수표단속법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant guilty of violating the Illegal Check Control Act Nos. 1 through 13, 15 through 46 among the charges of this case, and sentenced the defendant not guilty on the ground that the violation of the Illegal Check Control Act No. 14 of the annexed crime list No. 14 is not a crime.

Therefore, since only the defendant appealed the guilty portion and the part of innocence that the prosecutor did not appeal is finalized, the scope of this court's judgment is limited to the guilty portion of the judgment below.

2. The sentence imposed by the court below (one year of imprisonment) shall be too heavy.

3. On the other hand, the fact that the defendant recognized all the crimes of this case and reflects his mistake, that the defendant has no specific criminal record, in addition to the punishment three times of a fine, and that the defendant is old, and that the present health condition is not good, is an element of sentencing favorable to the defendant.

However, considering the price at the time of the instant crime, it seems that the total amount of the number or face value of the defaulted check issued by the Defendant reaches KRW 361,625,00,000, the total amount of the damages to the creditors would have considerable amount when considering the price at the time of the instant crime. Nevertheless, the failure to recover damage or recover the defaulted check was made, and no agreement was reached with the victims, the Defendant left China on March 15, 1995 immediately after the instant crime was committed, and did not make any effort to recover damage or recover the defaulted check for a long period of 17 years, and other various sentencing factors shown in the arguments in the instant case, it is determined that the punishment imposed by the lower court is within the proper sentencing range.

4. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(b).

참조조문

-부정수표 단속법

-형사소송법 제364조 제4항

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