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(영문) 서울남부지방법원 2016.06.02 2015노2106
부정수표단속법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be subject to deception by the applicant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed on Defendant 1 by the original sentence (eight months of imprisonment) is too unreasonable.

B. The sentence sentenced to the Defendant by the second instance of the Prosecutor (3 million won in penalty) is too unhued and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal by both parties, the Defendant: (a) the Prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance; and (b) the court decided to hold concurrent hearings against the above two appeals cases; and (c) the first and second decisions of the court of second instances are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act; (b) the judgment of the court below cannot be maintained as it is (the Defendant is stated in the facts constituting the crime in the judgment of second instance; (c) on November 18, 2015, the defendant was sentenced to three months in imprisonment with prison labor and one year in suspension of execution, and the judgment of the court below became final and conclusive on November 26, 2015; and (d) the judgment of the court below which denied ex officio concurrent crimes under Article 37 of the Regulation of Illegal Check Act and Article 37 of the Criminal Act without considering ex officio concurrent crimes.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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