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(영문) 서울남부지방법원 2017.12.07 2016노2523

위증

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to the statement by K of the gist of the grounds for appeal, in light of the fact that the name of the person sent by the F at the time of the first accusation was nonexistent, and the mail was not returned without hearing the recommendation of the police officer, and that F was at the time of the instant case and the following day only at the time of the arrival of the exact address, the F did not constitute an unlawful act of collecting postal items stamped by the post office at the time of May 10, 2014.

Therefore, it is reasonable to see that F did not mean that it would not extract postal items from a post office to H.

It is reasonable to view it.

In addition, although one H's statement differs in detailed parts, its overall purpose is consistent, it is difficult to dismiss its credibility.

Therefore, each of the instant charges against the Defendants was sufficiently proven.

The judgment of the court below which acquitted the Defendants.

2. The lower court, on the grounds indicated in its reasoning, found the evidence submitted by the prosecutor alone to recognize whether the F was in violation of the Postal Service Act, upon receiving a request for attendance for investigating a case of accusation against Postal Service

Due to lack of recognition, it was found that there was no reason to instruct F not to specify and collect postal items stamped by post office reporters at the time of May 10, 2014.

It is difficult to see ② If F has been brought to H at a post office, she shall not be deducted.

H’s legal statement and statement in an investigative agency, consistent with the facts charged that there was no instruction or resistance, shall not be deducted if it is difficult to believe such statement or statement or statement in an investigative agency, and if F was made at a post office to H after postal item collection process or after postal item collection.

In other words, even if H is removed, there is no problem.

In the event that collection was made and the F was in a situation set forth in F, the evidence submitted by the prosecutor alone that F had not instructed or resisted as such to H.

Any person may be determined by law.

참조조문