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1. The guilty portion of the judgment below shall be reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
3. However, this judgment.
Reasons
1. In the case of violation of the Control of Illegal Check Control Act with respect to the check number B among the facts charged in this case, the court below dismissed the public prosecution on the ground of the recovery of the check, and sentenced the defendant guilty as to the violation of the Control of Illegal Check Control Act. Since only the defendant appealed the conviction part and dismissed the public prosecution without the prosecutor's appeal, the part of the party members' appeal shall be limited to the conviction part of the judgment below.
2. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
3. Although the Defendant’s total amount of checks that the Defendant did not receive as suspension of deposit or transaction reaches a considerable amount, in full view of the following circumstances: (a) as the first offender who had no previous record, the Defendant recovered a considerable number of checks from the lower court to the first instance court; (b) the Defendant recognized the instant crime and seriously reflects his mistake; and (c) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the Defendant’s sentence against the Defendant is too unreasonable, and thus, the Defendant’s above assertion is reasonable.
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 it is decided again after pleading as follows.
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, 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 concerning the facts constituting an offense and Article 2 (2) and (1) of the Act on the Prevention of Illegal Check of Punishment
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.