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(영문) 수원지방법원 여주지원 2017.04.14 2016고단1311

직무유기

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is a police official who has been engaged in the duties of crime prevention, patrol, control, etc. under the jurisdiction of the Gyeonggicheon Police Station and the D Police Station from May 1, 2015 to July 4, 2016.

On June 17, 2016, the Defendant was aware of the fact that the driver G was revoked on January 26, 2015, and was aware of the state of non-licensed status on the front of F in E, Leecheon-si on the front of 14:30, the Defendant was aware of the H vehicle operated by G as a personal inquiry device for police.

Since G was requested only once, G was dismissed without undergoing normal field control procedures such as reporting the detection of unauthorized Drivers.

Accordingly, the defendant abandons his duties as a public official without any justifiable reason.

Summary of Evidence

1. A statement by the accused’s partial court to the effect that there exists a lack of exposure to G in the date and place of the ruling;

1. A witness I and each legal statement in G;

1. Statement of the police statement related to G;

1. Determination as to the assertion by the Defendant and the defense counsel on the ledger of driver's licenses

1. As to the assertion that the defendant fulfilled his/her duties under the relevant statutes

A. The gist of the argument is that the Defendant is an assistant assistant to a rank and constitutes the assistant judicial police officer. Article 196(5) of the Criminal Procedure Act grants only the authority to assist the judicial police officer to investigate the case. At the time of detection of a G-free driver’s license at issue in the instant case, there is a suspicion of a crime under Article 196(2) of the Criminal Procedure Act as a judicial police officer.

In recognition, it is a person who is in a position to initiate an investigation of criminal, criminal facts and evidence.

However, since the defendant knew that he was aware that he was driving without a license and did not initiate the investigation, the defendant who only has the authority to assist the investigation has abandoned his duties.