(영문) 서울북부지방법원 2012.11.29 2012고단2644

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(영문) 서울북부지방법원 2012.11.29 2012고단2644

특정범죄가중처벌등에관한법률위반(알선수재)

Text

A defendant shall be punished by imprisonment for six months.

10,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant was sent to the police around August 1992 and was working at the C police station in the C police station, and was working at the D police station from April 2009.

On November 26, 2010, the Defendant received a cash of KRW 10 million from the F, who was stopped in front of the Seoul Special Metropolitan City, Nowon-gu, to help him to properly proceed with the case in relation to the case against the representative G of the company that is investigated by F in the metropolitan investigation group of Seoul Regional Office, through a police officer, etc. of the Seoul Regional Investigation Team, in return for the solicitation that the case can be carried out well, from the F, who was parked in front of the Seoul Special Metropolitan City, Nowon-gu.

As a result, the defendant received money and valuables on the intermediation of matters belonging to public officials' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. The prosecutor's statement concerning H;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. The reason for sentencing under Article 13 of the Act on the Aggravated Punishment, etc. of Specific Crimes requires the defendant, who is a police officer, to receive money and valuables in relation to intermediation of matters that belong to the duties of other police officers, and thus, it is necessary to punish more strictly than the general public. In light of the contents of solicitation and the value of money and valuables received, the sentence of imprisonment is imposed on the grounds that the nature of the crime and the circumstances of the crime are not minor, but the defendant is led to confession and reflect against the crime in this court, and the defendant has faithfully served as a police officer for 20 years or more, and all the circumstances constituting the condition for sentencing

참조조문

-특정범죄 가중처벌 등에 관한 법률 제3조

-특정범죄 가중처벌 등에 관한 법률 제13조

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