logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.08.23 2013노1047
부정수표단속법위반
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. The court below's punishment is somewhat unreasonable in light of the following circumstances: (a) the defendant had the same criminal records two times (one time of actual punishment, one fine); (b) the previous criminal records of this case are four times (one time of actual punishment, three times of fines); (c) the amount of the check of this case in which the failure to pay is more than 1.1 billion won; (d) the defendant appears to be against the truth in the confession of the crime of this case from the investigative agency; (e) the amount equivalent to KRW 349 million out of the amount of the check is not directly used by the defendant but was lent to I; (e) the defendant was unable to repay the amount of I check; and (e) the defendant collected 17 copies of the check (435 million won of the check amount), and all other circumstances, including the motive, means and methods of the crime of this case, and the circumstances after the crime, etc.

B. Therefore, the defendant's assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are 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 relating to the facts constituting an offense and Article 2 (2) and (1) of the same Act;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are the reasons for sentencing.

same as the entry in the subsection.

arrow