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(영문) 수원지방법원 2016.12.02 2016고합401

변호사법위반등

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year, by imprisonment with prison labor for defendant C and by a fine of 1,620,000 won.

Defendant

C.

Reasons

Punishment of the crime

"2016, 401"

1. Defendant B is a current police officer of the Dongjak Police Station Q and affiliated police officers; from February 2, 2015 to July 11, 2016, Defendant B served in the Seoul Regional Police Agency metropolitan investigation group; from December 17, 2004 to February 1, 2015; and from April 30, 2001 to December 16, 2004, Defendant B was a police officer who served in the Seocho Police Station.

On January 10, 2016, the Defendant: (a) confirmed whether R was designated, and notified, from A, after being aware of whether it was designated, during the course of his/her duties, or whether his/her disclosure of public duties was made; (b) entered, around January 10, 2016, the number of R’s residents by accessing the online inquiry system using a mobile phone inquiry device used by the Defendant; and (c) entered, for the purpose of inquiry, “traffic control” into the online inquiry system; and (d) confirmed that the R was not designated, and notified A of the fact that the R was not designated, by inquiring of whether it was designated, for the purpose of inquiry.

Accordingly, the Defendant entered the purpose of inquiry into the above online inquiry system in a false way, and forged and exercised public electronic records, and disclosed information on whether or not it is confidential for official duties.

B. On January 1, 2016, the Defendant’s disclosure of public duties was detained by S who had been in the past by the Defendant and was under investigation at the Gandong Police Station, and upon receipt of a request to inform the accomplices of the investigation situation. On January 11, 2016, the Defendant’s disclosure of public duties was arrested by phoneing to the police officer U. S., who was in charge of the instant case at the Gandong Police Station, and was detained by S, etc. as the withdrawal of singishing. On January 11, 2016, the Defendant confirmed the information on the general responsibility and other facts that are not currently specified as to the other accomplices, and then disclosed public duties secrets, such as informing A of the investigation status

(c).