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(영문) 수원지방법원 2017.06.30 2016노9213

편지개봉

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (500,000 won in penalty) that the court below declared is too unhued.

2. The judgment of the defendant is an unfavorable circumstance to the defendant that he opened without permission a postal item in the future of the victim, who is a wife with interest of the other party to the divorce lawsuit, and submitted it as evidentiary materials in the divorce lawsuit.

On the other hand, the following conditions are favorable.

The defendant does not repeat again, while opening a trial decision with a letter which he had been able to do.

There are many things.

There is no history of criminal punishment, other than fines sentenced twice due to a violation of the Road Traffic Act.

The lower court sentenced a fine of KRW 500,000 to the Defendant, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.