(영문) 부산지방법원 2018.02.22 2016노903 (1)

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.02.22 2016노903 (1)

사기등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

Defendant.

Reasons

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case is found to be disadvantageous to the defendant, such as the fact that the defendant issued a check as a formal representative director of the AB corporation and did not pay the check due to the suspension of payment. In light of the content of the crime, the liability for the crime is not provided against the defendant.

However, the court below's punishment against the defendant is too excessive and unfair in consideration of the fact that the defendant made a confession of the crime of this case and reflects the mistake in depth, that the check in which the defendant was not able to receive punishment for the same kind of crime, that the defendant has no record of crime exceeding the fine, and that there is no record of crime other than the defendant's age, sexual behavior, environment, etc.

3. As such, the defendant's unfair appeal for sentencing is with merit, and the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence [Defendant B] The criminal facts and the summary of the evidence against Defendant B recognized by this court are identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

[Defendant B]

1. Article 2 (2) and (1) of the Control of Illegal Check Act concerning facts constituting an offense, Article 2 of the same Act and Article 2 (2) and (1) of the same Act, and the selection

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

유사 판례

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