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(영문) 의정부지방법원 2018.06.21 2018고단70

마약류관리에관한법률위반(향정)등

Text

Defendant shall be punished by imprisonment for a term of one year and four months and suspension of qualifications for each of two years.

Reasons

Punishment of the crime

[Basic Facts] The Defendant became a police officer on January 11, 1997 as a police officer on January 11, 1997.

From August 4, 2014, the Defendant served as the Narcotic Investigation Team affiliated with the Korean National Police Agency of Gwangju Regional Police Agency located in Gwangju Mine-dong 170, Gwangju Mine-dong, and performed duties concerning the investigation of drug offenders and the restraint of human beings.

The defendant, through E, F, etc., who was at his own correctional institution, acquired information about a person who committed narcotics, and arrested a large number of narcotics, etc., leading social interest to the investigation performance while entering the investigation performance, and was engaged in intelligence activities to collect information on the case of philophones that are helpful to the investigation performance.

On May 2017, the Defendant sought to use H, a narcotics offender, who was aware of the introduction of G, who was a narcotics offender in the Bapool prison, in the course of the introduction of May 2017. However, H did not comply with the attendance, resulting in a disturbance in the above plan.

In order to secure H’s personal information or data, the Defendant started an investigation into the case of H on January 29, 2015, by receiving the E’s statement, which was confined to the K-Government prison on May 29, 2017, such as arranging the transaction of H, but it was impossible to collect evidence to prove suspicion other than the abstract evidence that has already passed a considerable time of time, and thus, it was impossible to proceed with the forced investigation into H due to being under the direction of a prosecutor’s supplementary investigation.

In such a situation, the Defendant, while meeting with E at the House of the Government around June 2017, proposed a method of arresting H by using a diaphone clopon from E to “H” (the method of enabling a person who does not trade narcotics to transport narcotics, etc. to another person who does not trade narcotics, etc., to be punished) while conducting an investigation with E, and instead does not conduct an investigation with H. In compliance with due process, the Defendant is going to proceed with a compulsory investigation with unlawful procedure by taking part in the aforementioned “hercopon work.”