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(영문) 서울고등법원 2018.12.21 2018누55267

보수금 등

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. On October 1, 1991, the Plaintiff was appointed as the Prosecutor for the prosecution on April 1, 1995, and served as the Prosecutor for the prosecution on December 4, 200, and the Prosecutor for the prosecution on June 9, 200, respectively.

B. On February 10, 2015, the Plaintiff was indicted for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Violation of the Specific Crimes Aggravated Punishment Act”) that he/she received KRW 15 million in cash twice on or around April 14, 2009 and February 2, 2011 from his/her position on the grounds of criminal prosecution against the Plaintiff (hereinafter “Violation of the Aggravated Punishment Act”) and ② from June 3, 2010 to May 2, 2011 that he/she disclosed criminal justice information acquired in the course of performing his/her duties while engaging in criminal justice work five times during the period from June 3, 2010 to May 2, 2011.

Accordingly, on March 26, 2015, the Prosecutor General removed the Plaintiff from office on the ground that the Plaintiff is “a person who was prosecuted for a criminal trial” under Article 73-3(1)4 of the State Public Officials Act.

(hereinafter “instant removal from position”). C.

On October 16, 2015, the first instance court of the case prosecuted on the judgment of criminal case was acquitted on the part of the violation of the Specific Crimes Aggravated Punishment Act, but sentenced the Plaintiff to a fine of two million won (Seoul Central District Court 2015Gohap110) on the part of the violation of the Criminal Procedure Aggravated Punishment Act (Seoul Central District Court 2015Gohap10), and on the part of the first instance judgment, the Plaintiff appealed on the violation of the Criminal Procedure Aggravated Punishment Act, and the prosecutor appealed on the part of the violation of the Criminal Procedure Aggravated Punishment Act (Seoul High Court 2015No2972), but all of the appeals were dismissed on February 19, 2016 (Seoul High Court 2015No2972). As to the above appellate judgment, the Plaintiff appealed on the part of the violation of the Criminal Procedure Aggravated Punishment Act, and the prosecutor appealed on December 15, 2016, and the appeal was dismissed.