beta
(영문) 서울중앙지방법원 2014.07.24 2014고합107

특정범죄가중처벌등에관한법률위반(알선수재)등

Text

Defendant

A Imprisonment with prison labor for ten months, for eight months, for eight months, and for six months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

Defendant

A, a police official, from February 22, 2005 to July 23, 2008, served in the Seoul Yongsan Police Station Criminal and H Team, and from April 8, 2009 to October 21, 2012, he/she was in exclusive charge of the duties of the JJ at the above police station criminal and I Team respectively.

Defendant

B and K are members of violence organization pathal behavior members, and Defendant C is members of violence organization pathal behavior members.

Defendant

B and C are friendly, and Defendant B is a part of the organization of K.

Defendant

A maintained a friendly relationship with Defendant B, C, and K, and supported them.

1. On May 8, 2008, Defendant A, at the Seoul Western District Prosecutors’ Office, filed a second request for detention warrant against K for the case of violation of the Attorney-at-Law Act, etc., and on June 10, 2008, K was absent from the interrogation of the detained suspect, and thus issued a detention warrant to K on June 10, 2008, and K was arrested and detained and prosecuted again on September 2008, and the Seoul Western District Court was released from the suspension of detention on October 16, 2009 while the appellate trial was pending at the Seoul Western District Court. After that, on November 26, 2009, K was arrested and detained at the Seoul Western District Prosecutors’ Office on October 29, 2010 and was arrested and detained in Jeju-do on October 29, 2010.

The Defendant did not arrest K on July 25, 2010, which was designated in Gangnam-gu, Seoul L, but did not arrest K.

The Defendant, as a police officer, failed to arrest K in prison and deserted his duties without any justifiable reason.

2. Defendant A and B’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) introduced, around May 2010, Defendant A made a solicitation to Defendant A to make a good handling of the case after deducting himself/herself, who is an accomplice, in relation to the fraud case against Defendant N, and Defendant A made a written complaint to Defendant A, after directly listening to the circumstances of the case on May 9, 2010, excluding B, who is an accomplice, after directly listening to the O who was the complainant and having heard the circumstances of the case, and making only N as an accomplice, as the defendant.