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(영문) 울산지방법원 2017.07.07 2017노559
부정수표단속법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the reasons for appeal (a punishment of one year, a suspended sentence of three years, a fine of 20 million won, and a surveillance of protection) is too unreasonable.

2. In light of the judgment, the purpose of the crime of this case is to put the Defendant’s credit by presenting the check, and it does not aim to distribute the check, and there are some circumstances to consider the process of the crime; the Defendant has no criminal records of the same kind or suspension of execution or more; the Defendant reflects the Defendant’s depth while committing the crime; and the reason is clearly favorable to the Defendant.

Meanwhile, in full view of the following circumstances: (a) the act of forging a check requires strict punishment as it undermines the public trust in terms of the authenticity and distribution of the check; (b) the risk of circulation during the check was actually caused by theft of the check; (c) the face value of the forged check was not significant; and (d) the amount of forged check was considerably large; and (e) the Defendant’s economic situation, age, sexual behavior, environment, family relationship, and all the sentencing conditions stated in the argument of the instant case, such as the Defendant’s economic situation, age, sex, family relationship, etc., the lower court’s sentence appears to be reasonable and appropriate, and is unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Provided, That the proviso of Article 42 “the proviso of the Criminal Procedure Act” in the part on “1. concurrent crimes” among the “application of the law of the lower judgment is obvious that it is a clerical error, so it is clear that ex officio under Article 25(1) of the Regulation on Criminal Procedure, and it is evident that the “application of the law” in the above “application of the law,” omitted the special case on the provisional payment order under the Regulation on Illegal Check Control Act, and therefore, Article

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