우편법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 5,00,000 won, and a fine of 2,00,000 won, respectively.
1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment and 2 years of suspended execution, and 6 months of imprisonment and 2 years of suspended execution) of the lower court is too unreasonable;
2. Determination
A. The fact that Defendant A’s judgment on the assertion of unfair sentencing by Defendant A’s assertion of unfair sentencing is an unfavorable circumstance to Defendant A, such as the fact that it is not good to commit a crime by neglecting a postal item that ought to be dismissed and delivered as an executor of official duty.
However, in full view of the favorable circumstances, such as the fact that Defendant A was dismissed from office due to the instant crime, the fact that the number of items to be delivered to Defendant A was considerably higher than that of other regions, the fact that the items destroyed by the Defendants appears to have not caused any particular civil petition or damage to the said items by advertisement mail, the fact that Defendant A recognized his mistake and reflects his damage, the fact that Defendant A did not have any record of punishment exceeding the same kind of crime and fine, and other various circumstances, including Defendant A’s age, character and behavior, environment, family relationship, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is unreasonable.
Therefore, Defendant A’s assertion of unreasonable sentencing is justified.
B. Defendant B’s assertion of unfair sentencing regarding Defendant B’s assertion of unfair sentencing is an unfavorable circumstance to Defendant B on the grounds that Defendant B’s participation in Defendant A’s criminal act and neglecting a considerable amount of mail, thereby neglecting the quality of the crime.
However, there is no record that Defendant B was punished for the same kind of crime, and the mail that the Defendants discarded appears to have not filed any particular civil petition or damaged by an advertising mail, and other favorable circumstances such as Defendant B’s age, character and behavior, environment, family relationship, and motive for the crime.