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Defendant
D All appeals against the Defendants by the prosecutor and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant D’s misunderstanding of the facts is a police officer who is likely to commit a crime due to the nature of the occupation, and there is a need to establish an excessive relationship with the police officer.
Defendant
D did not immediately arrest the idea that it can control the J, that is, it did not take any measures for arrest, and when two months have passed, the Court arrested theJ and paid a fine.
Defendant
D After arresting the J, the Asan Police Station voluntarily surrendered theJ to the Asan Police Station, and the Asan Police Station finally arrested the larceny by using J as an information source.
Considering this point, Defendant D had an intention to waive a conclusive duty
It is difficult to see it.
Nevertheless, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.
The sentence sentenced by the court below (one year of the suspended sentence of imprisonment with prison labor for April) is too unreasonable.
B. The prosecutor (in respect of the Defendants: Defendant A: 2 years of suspended sentence of imprisonment for 8 months; Defendant D: 1 year of suspended sentence of imprisonment for 4 months) declared by the lower court is too unhued and unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of this part of the facts charged which the court below found guilty is as follows.
On January 23, 2015, the Defendant was in peace and friendship at the R District District of the Chungcheongnam-gu Seoul High Police Station for the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.
As a result, upon the request of the J to confirm whether or not it is possible to inquire into the column of online inquiry of the police computer network, by entering the name and resident registration number of the J in the column of online inquiry of the police computer network, the said J became aware that it has been a multiple times from the Cheongju District Prosecutors' Office. From around that time to March 2015, the said J was not arrested on the ground that it was a pro rata, even though it was immediately arrested and transferred to the receiving agency.