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(영문) 의정부지방법원 2020.01.16 2019고단912 (1)

의료법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

The defendant is appointed as a police officer on November 3, 2003 and works for the police box, custody management team, economic team, etc.

From February 2007 to June 20, 2014, while continuing to work in C police station, police officers who were in office in criminal and violent team from July 2017 (Release from position on March 27, 2019).

Around June 17, 2018, while serving in C police station criminal affairs, the Defendant visited F, who was affiliated with C police station, with F, and was aware that the Defendant was an illegal establishment that is not qualified to engage in commercial sex acts or to operate a massage place. Around that time, the Defendant was introduced from F to F, and was he/she became aware of the fact that F, etc. was inside the said establishment and carried out commercial sex acts, and he/she was he/she became aware of the fact that the said D was operated by G, in addition to the above “E”.

The Defendant, a police officer working with C police station, has a general authority to conduct an investigation into an illegal massage treatment establishment and a sexual traffic business establishment at any time, or to summon persons involved in the case. Moreover, other police officers could exercise de facto influence over an investigation or obtain information related to an investigation by taking advantage of their status even if they are in charge of the massage treatment establishment and the sexual traffic business investigation. As such, the Defendant continued to receive entertainment from the above D who operates an illegal massage treatment establishment and a sexual traffic business establishment by taking advantage of their status as a police officer, and was able to inform the said D of the control information about the said business establishment, etc.

Around October 4, 2018, the Defendant complained of the Defendant that the said D, who was subject to the C police station’s living order division, “G” controlled by the C police station’s living order division, complained of the Defendant “Ch is not related to the case,” and asked for the examination of the said crackdown case. On October 5, 2018, the Defendant contacted the police officer I in charge of C police station with I.