(영문) 서울북부지방법원 2017.02.02 2016노2241

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(영문) 서울북부지방법원 2017.02.02 2016노2241

부정수표단속법위반등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. As to the violation of the Act on the Control of Illegal Check against Check Nos. C among the facts charged in the instant case and the fraud of KRW 4,208,00, the lower court, after Article 325 of the Criminal Procedure Act, dismissed the public prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, and sentenced one year and six months to the remainder of the facts charged.

The defendant appealed against the guilty portion for the reason that the sentencing was unfair, and the prosecutor did not appeal the part of innocence and dismissal. Since the part of acquittal and dismissal of public prosecution in the judgment of the court below becomes final and conclusive as it is, the scope of judgment of this court is limited to

2. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

3. In full view of the circumstances described in the reasoning of the lower judgment’s judgment’s sentencing as to the grounds for appeal, and the Defendant agreed with L/C amounting to KRW 445 million for goods and KRW 180 million for the first time in the trial, and the check number AR check (in the face value of KRW 7 million) was additionally collected, and other factors indicated in the records and arguments, including the Defendant’s age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be too unreasonable, and thus, the Defendant’s above ground for appeal by the above Defendant is with merit.

4. In conclusion, the defendant's appeal is with merit, and the part of the judgment of the court below in accordance with Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal Procedure Act is applicable to the facts constituting an offense and summary of evidence recognized by the court, and the summary of evidence as stated in the corresponding column of the judgment below.

유사 판례

-대전지방법원 2018.11.07 2017노3626

-서울남부지방법원 2018.09.14 2017노2292

-춘천지방법원 2017.11.29 2017노607

-대구지방법원 2016.05.12 2015노639

-대구지방법원 2017.10.13 2016노4194