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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) did not have a conclusive perception that the Defendant committed the instant crime until April 8, 2017, and on April 8, 2017, the Defendant opened a letter while engaging in dispute with the Defendant.
In light of the doubt that there was a doubt, the victim became aware of the criminal who had been in the face of April 8, 2017.
must be viewed.
On January 8, 2016, the victim's complaint could be filed.
In light of the above, the judgment of the court below which dismissed the prosecution on the ground of the excessive filing period is erroneous in the misapprehension of facts and legal principles.
2. The lower court determined that: (a) at the time when the victimized person was the Defendant, he removed the instant letter from the Defendant; (b) suspected that the Defendant was removed; and (c) the victimized person G opened the victim’s letter.
In light of the facts that the Defendant opened the instant letter at the latest around January 8, 2016, the Defendant was aware of the opening of the instant letter.
In rendering a judgment, the evidence submitted by the prosecutor alone is difficult to recognize the victim's oral complaint against the defendant on April 8, 2017 as a lawful complaint before the expiration of the period for filing the complaint, and thus, the public prosecution of this case was dismissed on the ground that the procedure for filing the public prosecution of this case, which is inappropriate and based on an incidental legal complaint, constitutes invalid in violation of the provisions of the law.
In full view of the circumstances admitted by the court below and the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of the legal principles as alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.