2017No559 Violation of the Control of Illegal Check Control Act, use of forged securities

A person shall be appointed.

Defendant

Emotion picture (prosecutions) and e.g. (Public trial)

Attorney B (Korean National Assembly)

Ulsan District Court Decision 2017Ma229 Decided April 18, 2017

July 7, 2017

The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

The sentence of the lower court against the Defendant (one year of imprisonment, three years of suspended execution, fine 20 million won, probation) is unreasonable.

2. Determination

On the other hand, the purpose of committing the crime of this case is to put the defendant's credit by presenting a check, and it does not aim to distribute the check, and there are circumstances that can be taken into account in the process of committing the crime. The defendant has no criminal records of the same kind or suspension of execution or any other criminal records, and the defendant has a profoundly reflects the defendant's wrong conduct while committing the crime, and it is obvious that social ties relationship is obvious, such as the shot of the defendant's wife, in favor of the defendant.

On the other hand, the act of forging a check undermines public confidence in the authenticity and distribution of the check.

It is necessary to strictly punish the check of this case, and in fact, the risk of circulation in the market due to theft of the check of this case

The amount of a forged check is significant, not on the face value of the forged check.

Comprehensives of all the conditions of sentencing as shown in the arguments of this case, such as many conditions unfavorable to the defendant, such as the economic condition, age, sexual conduct, environment, family relationship, and the circumstances after the crime.

the court below's punishment is deemed to be within the reasonable and appropriate scope and is excessively unreasonable.

It cannot be considered unfair.

Therefore, the defendant's assertion is without merit.

3. Conclusion

Thus, there is no reason to appeal by the defendant, and it is in accordance with Article 364(4) of the Criminal Procedure Act

It is dismissed and it is so decided as per Disposition: Provided, That it is so decided as per Disposition. 1. Before the application of the law of the court below.

Article 25(1) of the Regulations on Criminal Procedure because "the proviso to Article 42 is obvious that it is a clerical error"

(2) The Act on the Control of Illegal Check and the Act on the Provisional Payment

Since it is clear that the contents of special cases have been omitted, 1. 'ex officio' under Article 25 (1) of the Regulation on Criminal Procedure, 'The provisional payment order' is followed by "the addition of 'A' under the former part of Article 6 of the Regulation on Illegal Check Control Act.

Judges Lee Dong-sik

Judges Kim Jong-soo

Judges Whitek