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(영문) 서울서부지방법원 2017.08.17 2017노558
부정수표단속법위반
Text

The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of 15,00,000 won, and a fine of 10,000,000 won, respectively.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for defendant A: 4 months of imprisonment and defendant B: 6 months of imprisonment) is too unreasonable.

2. Although Defendant A committed the instant crime during the period of repeated crime, and Defendant B committed the instant crime while being investigated for the same kind of crime as well as the same record, Defendant A committed the instant crime. However, in full view of the fact that the Defendants recovered the check after the judgment of the court below and there is change of circumstances after the sentence of the court below, recognized the instant crime and reflect it, and all the Defendants were detained for a certain period of time, the sentence of the court below is unreasonable.

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendants of the relevant legal provisions on criminal facts: Article 2(2) and (1) of the Control of Illegal Check Act, Article 30 of the Criminal Act, and selection of fines, respectively.

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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