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(영문) 수원지방법원 평택지원 2019.07.03 2018고정194
형사사법절차전자화촉진법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

B was a person who was the head of the affairs division of the Suwon District Prosecutors' Office from February 22, 2016 to February 28, 2017, and the Defendant was the head of the affairs division of the Suwon District Prosecutors' Office from May 16, 2016 to July 22, 2018.

No person who is or has been engaged in criminal justice affairs or in system support affairs upon entrustment shall divulge, process without authority, provide for another person to use, or otherwise use for unjust purposes any criminal justice information learned in the course of performing his/her duties.

On May 20, 2016, at the office of the Suwon District Prosecutors' Office C branch office and the office located in D, the Defendant informed the Defendant of the criminal justice information, including the case number, main inspection, and disposition, from the phone to the office of the head of the Suwon District Prosecutors' Office, and then, during 27 times in total, the Defendant informed B of the criminal justice information, such as the case number, main inspection, and disposition, to the integrated search of the criminal justice information system (hereinafter referred to as "kick") (hereinafter referred to as "kick"), which is the duty computer network used by the Defendant, after the search of the case to the above B, including the fact that the Defendant informed B of the criminal justice information, such as the case number, main inspection, and disposition, by telephone, from the time to February 9, 2017.

Accordingly, the defendant used criminal justice information that he became aware of in the course of performing his duties for improper purposes.

Summary of Evidence

1. A suspect interrogation protocol concerning B by the prosecution;

1. Application of Acts and subordinate statutes to 1 investigation reports (report on the submission of data by an inspector) (Attachment to a personnel record card for a specific period of service B/Case Inspection Report);

1. Article 15 (2) and Article 14 (3) of the Act on the Promotion of the Digitalization of Criminal Justice Process and the Selection of fines for criminal facts;

1. Fine of 2,00,000 won for which the sentence is suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) for the detention of a workhouse.

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