(영문) 전주지방법원 2017.09.14 2017노230 | 리걸엔진

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(영문) 전주지방법원 2017.09.14 2017노230

부정수표단속법위반

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for four months.

(2) the date of this judgment.

Reasons

1. The lower court rendered a judgment dismissing the public prosecution regarding the violation of the Control of Illegal Check Act regarding the issuance of the “The Issuance Date C, No. 50,000,000 won” among the facts charged in the instant case, and sentenced the Defendant to the conviction on the remainder of the facts charged, and only the Defendant appealed on the guilty portion.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment) is too unreasonable.

3. The crime of this case is recognized that there is a need to reduce the social trust in the check and threaten the safety of economic life, and that the total face value of each of the checks of this case is KRW 160 million.

However, in full view of the following facts: (a) the Defendant recognized each of the instant crimes and committed against himself; (b) the Defendant recovered each of the instant reports in the first instance time; (c) the Defendant did not have any record of being sentenced to heavier punishment than a fine; and (d) there were some other circumstances to consider the circumstances of the instant crimes; and (c) other factors of sentencing as indicated in the record and the theory of change, such as the Defendant’s age, sexual conduct, environment, and circumstances before and after the instant crimes, the lower court’s punishment is too unreasonable.

4. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

【The reasoning of the judgment of the court below which re-written the guilty portion of the judgment below] The summary of criminal facts and evidence recognized by this court is identical to the facts of the judgment below, and thus, the summary of evidence is identical to the facts of the judgment below in accordance with Article 369 of the Criminal Procedure Act.

유사 판례

-서울북부지방법원 2017.02.02 2016노2241

-인천지방법원 2016.05.27 2016노27

-대구지방법원 2016.05.12 2015노639

-대전지방법원 2017.05.31 2016노2387

-인천지방법원 2016.06.17 2015노4520