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(영문) 서울중앙지방법원 2020.05.21 2020고단829

허위공문서작성등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[B] The Defendant is in charge of investigating narcotics in B police station C from February 2016 to November 2017, and is a police officer (e.g., police officer) working in B police station D from November 2017 to the present day.

In a criminal trial against a narcotics offender, "co-operation in investigation" is a sentencing factor in the sentencing guidelines of the Supreme Court. It is natural that a narcotics offender in trial contributes to the investigation of the relevant person to the extent that he/she is able to prosecute a crime or to add a criminal prosecution, and where he/she has induced a narcotics crime to the extent that he/she is able to do so. As such, in order to receive a reduction through cooperation in investigation, the narcotics offender in trial must contribute to the investigation by means of making a true statement about his/her reward and disembarkation or informing him/her of the criminal facts of the narcotics case known to him/her.

When a person who commits narcotics, etc. in a criminal trial intends to provide information on narcotics, etc., he/she may be considered as mitigation factors in the sentencing guidelines of the Supreme Court, and he/she intends to inform the person who commits narcotics, etc., and some police officers who investigate narcotics, etc. shall actively receive information on narcotics, etc., such as enhancing investigation records and promoting them through promotion.

However, a considerable number of narcotics offenders in trial are required to be informed on their behalf because there is no case to inform him/her of such fact, and some police officers known of such circumstance are trying to receive more active information by treating them as public even if a third person unrelated to narcotics offenders in trial is informed of it.

Because of the above circumstances, the narcotics crime information for police officers on behalf of the narcotics offender in trial.