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(영문) 서울중앙지방법원 2017.08.24 2017고단4113
우편법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a public official of class 8 in technical service who belongs to the Seoul Postal Department, who is in charge of the delivery of postal items in Seoul C apartment and D apartment buildings.

Nevertheless, around 09:10 on February 9, 2017, the Defendant: (a) discarded 260 items sent to the recycling wastes in front of the Seoul apartment complex 2-dong, and (b) thrown away 260 items sent to the recycling wastes collection in front of the 2-dong 2-dong 2-dong 2, Seoul apartment complex without any particular reason.

As a result, the defendant, who is engaged in the postal service, has prevented mail from being handled by the government agency without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Violation of the Postal Service Act (Article 48);

1. Screening pictures by cutting down a mail photograph or CCTV in the direction of a waste recycling site for C apartment buildings;

1. Application of Acts and subordinate statutes to a report on internal investigation (related to a reporter's statement and a report on investigation into dispatched police officers, and CCTV analysis);

1. Relevant Article 48 (2) and (1) of the Postal Service Act concerning facts constituting a crime and Article 48 (1) of the Act on the Selection of Punishment (Selection of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence requires a corresponding punishment by preventing the defendant from sustaining and delivering the post as an executor of official duties.

On the other hand, the defendant was returned to the site for a long time, was removed from the public office due to the instant case, and the attitude of reflecting the instant crime was shown, and there was no record of punishment after 196.

Other conditions of sentencing, such as the defendant's age, sex, family relations, records of crimes, the circumstances of this case, and the future progress, shall be determined in the same manner as the order.

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