(영문) 서울남부지방법원 2014.12.05 2014노858

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자간(%)

(영문) 서울남부지방법원 2014.12.05 2014노858

부정수표단속법위반

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below is too unreasonable.

2. In full view of the circumstances leading to the instant crime, Defendant’s age, character and conduct, environment, etc., including the fact that the final holder of the instant dishonor check was not punished by the Defendant by agreement with the final holder of the instant dishonor check when the Defendant was in the trial, the sentence imposed by the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the guilty part of the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

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

Application of Statutes

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As seen earlier, the sentencing of Article 6 of the Control of Illegal Check Control Act, Article 334(1) of the Criminal Procedure Act was based on the favorable circumstances as seen earlier, the Defendant was sentenced to a punishment by taking into account the following two factors: (a) the amount of the instant defaulted check was not specified and the amount was not actually recovered; and (b) the Defendant was given considerable time to recover the check after the instant crime was committed to the trial.

참조조문

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