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(영문) 수원지방법원 2014.11.05 2014고정2414

형사사법절차전자화촉진법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has served as a police officer at the police box of Youngdong Police Station.

A person engaged in criminal justice affairs may not, without authority, peruse any criminal justice information managed by another agency or person, nor may he/she use such information for improper purposes, such as leakage of criminal justice information known in the course of performing his/her duties, processing without authority, or

1. On March 14, 2012, the Defendant: (a) around 14:20 on March 14, 2012, the Defendant conducted a multiple inquiry into D’s criminal justice information managed by the National Police Agency without authority and confirmed that the notification of the nomination was given to D, which is a criminal justice information managed by the National Police Agency without authority, at the time of notification to D.

In this respect, the Defendant, without authority, perused the criminal justice information and divulged it to use it for an unjust purpose.

2. On April 6, 2012, the Defendant: (a) around 19:32, on April 6, 2012, at the police box of the Ma-dong Police Station, Young-dong Police Station, Young-si; (b) at the request of the above D, the Defendant confirmed the notification of the designation of D, which is a criminal justice information managed by the National Police Agency without authority, using the computer for business in the location; and (c) notified D of such fact to D without authority.

In this respect, the Defendant, without authority, perused the criminal justice information and divulged it to use it for an unjust purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Application of Acts and subordinate statutes on inquiry;

1. Relevant Article 15 (2) and 14 (3) of the Act on the Promotion of the Digitalization of Criminal Justice Process and the Selection of fines for the crimes, Articles 15 (3) and 14 (2) of the Act on the Promotion of the Digitalization of Criminal Justice Process, and the Selection of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;