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(영문) 서울중앙지방법원 2019.03.19 2018고단8554

공무상비밀누설

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a police officer who serves in the Dongdaemun Police Station's life safety and B district.

Whether it has been designated as a case under investigation or under trial is likely to obstruct criminal investigation or fair trial proceedings by means of the manipulation of evidence, preparation of false statements, escape, etc. if it is leaked to the outside such as a person.

On March 2, 2017, the Defendant received a request from a high school-friendly C, which was under trial due to a violation of the Military Service Act, to verify whether to grant or receive the designation, and sought, around March 2, 2017, by entering C’s personal information into a method of using a police cell phone (D) for the police that was paid on duty in Seoul and below the Seoul, and immediately thereafter, notified C of the fact that C was designated by telephone.

Accordingly, the defendant revealed confidential information in the course of performing official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Application of the Acts and subordinate statutes on the response to request for KICS;

1. Relevant Articles of the Criminal Act and Article 127 of the Criminal Act concerning the crimes;

1. Six months of imprisonment to be suspended;

1. The reason for sentencing under Article 59(1) of the Criminal Act (see, e.g., the reason for sentencing) of the suspended sentence is the case where the defendant, a police officer, has disclosed information acquired in the course of performing his/her duties upon the request of his/her friendship, and the nature of the crime is not good, and the defendant’s act causes damage to fairness and trust in the enforcement of law by the police officer, etc

On the other hand, the fact that the defendant led to the confession of the crime of this case and the occurrence of the result that impedes the progress of trial due to the crime of this case is presumed not to have occurred, and the fact that the defendant received money in relation to the crime of this case or does not seem to have been involved in other unlawful purposes is favorable to the defendant.