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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2017.01.20 2016노3400
부정수표단속법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant shows an attitude against the defendant when he recognized all of the crimes of this case, there are some circumstances to consider the defendant's representative director's background or the process of issuing the check, there is no past record of punishment for the same crime before this case, there is no past record of punishment exceeding the fine, and there is no record of support for the wife and children.

However, the Defendant did not pay the check due to the shortage of deposit, etc. In light of the method and circumstances of the crime, etc., the crime of this case is not less and less severe, and the total sum of the amount of the check in arrears is 630 million won, and the check is not recovered at all or is not received from the holder of the check. The lower court appears to have determined the sentence in full consideration of the Defendant’s various circumstances, and there are no special changes in circumstances that may reduce the sentence of the lower court, and other various sentencing conditions indicated in the Defendant’s age, sexual behavior, environment, method, circumstance and method of the crime, criminal records, previous criminal records, and family relations, etc., the sentence imposed by the Defendant cannot be deemed to be unfair by taking into account the following factors: (a) the Defendant’s punishment imposed by the lower court is appropriate and too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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