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(영문) 서울중앙지방법원 2014.11.28 2014고단2182

직무유기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as a police officer belonging to the Seoul Gangnam Police Station from May 17, 2012 to October 24, 2013.

1. On September 2012, the Defendant violated the Promotion of the Video Industry Act and criminal justice procedures: (a) received a request from F to inform him/her of whether or not he/she has been engaged in a criminal act violating the Game Industry Promotion Act in Thailand; (b) discovered F’s resident registration number through F’s wife G; and (c) confirmed F’s resident registration number on September 13, 2012 by accessing the criminal justice information system managed by the National Police Agency through a cell phone operator sent to E box without relation to his/her duties at around two times via the cell phone operator sent to E box without relation to his/her duties; and (d) confirmed F’s receipt of a warrant of arrest by having him/her enter F’s resident registration number into the criminal justice information system managed by the National Police Agency; and (e) confirmed F’s receipt of a warrant of arrest by committing a violation of the Game Industry Promotion Act at the Gyeonggi Provincial

Accordingly, the Defendant, who is engaged in criminal justice affairs, had access to criminal justice information managed by the National Police Agency without authority and disclosed official secrets.

2. On September 21, 2013, at around 05:19, the Defendant was dispatched to the site after receiving a 112 report that a woman was under the influence of alcohol before the I hotelJ located in Gangnam-gu Seoul Metropolitan Government, and was handed over one of the 112 reporters of Samsung Tgal Y3 mobile phones owned by K, a main gallon from the 112 reporter.

In such cases, the police officer has a duty to take appropriate measures in accordance with the relevant laws and regulations, such as handling the above mobile phone acquired in accordance with the procedure for treating it, but the defendant takes the above K to the above K's residence in Seocho-gu Seoul by using patrol vehicles, and does not return the above mobile phone to the above K, but did not report the fact of the above mobile phone acquired to the chief of the police station, and did not report the fact of the above mobile phone acquired to the chief of the police station.