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(영문) 서울중앙지방법원 2020.11.27 2020고단825
허위공문서작성등
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a police official (the police officer at that time) who was in charge of narcotics investigation in the metropolitan investigation zone B from August 2015 to August 2018.

[B] In a criminal trial against a narcotics offender, "co-operation in an investigation" as a sentencing factor in the Supreme Court sentencing guidelines means that the person involved in a narcotics who is in trial (the relevant defendant) has contributed to the investigation to the extent that the criminal prosecution or the additional criminal prosecution is possible, by clarifying specific and accurate facts as to the narcotics crime, and where the relevant person is induced a narcotics crime for the purpose of being sentenced to a reduction of punishment and the investigation agency is not the person subject to a reduction of punishment. Thus, in order to be sentenced through cooperation in the investigation, it is natural that the narcotics offender in trial should contribute to the investigation by stating that he/she is true about his/her superior and landing or informing him/her of

When a person who commits narcotics, etc. in a criminal trial provides an " cooperation for investigation" (for narcotics crimes, etc., hereinafter referred to as "public participation"), he/she may be considered as mitigation factors in the sentencing guidelines of the Supreme Court, so he/she intends to inform the relevant person of the narcotics case and cooperate in the investigation, and some police officers who investigate the narcotics case shall be actively informed of the relevant narcotics case due to the enhancement of investigation records and promotion, etc.

However, a considerable number of narcotics offenders in trial need to be informed on their behalf because there is no case to inform him/her of the fact, and some of the police known of such circumstances are to receive active information by giving public treatment to the relevant narcotics offender even if a third person who is not related to the narcotics offender in trial is informed.

The above circumstances provide police officers with information on narcotics crimes on behalf of the narcotics criminals in trial.

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