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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Regarding the misapprehension of the legal principle (Defendant C)’s disclosure of official secrets, the official and personal vehicle number (hereinafter “vehicle number”) provided by Defendant C to L, a joint operator of the instant game site, is information that can be relatively easily known to anyone, and thus does not constitute information worth protecting as a substantial secret, and thus does not constitute “official secrets” under Article 127 of the Criminal Act.
B. The sentence imposed by the court below on the Defendants (Defendant A: imprisonment with prison labor for one year and additional collection of 65 million won, Defendant C: imprisonment with prison labor for ten months) is too unreasonable.
2. Judgment on Defendant C’s assertion of misapprehension of the legal principle
A. The summary of this part of the facts charged is as follows: (a) Defendant C was a police officer belonging to the Incheon Southern Police Station O District of the Incheon Southern Police Station; (b) on September 2015, Q Q parking lot located in the Nam-gu Incheon Nam-gu P; (c) around that time, from R, the head of Q management office, the Q management office informed LW of the fact that the above vehicles are vehicles of police officers in charge of controlling the game site and disclosed their official secrets; and (b) around February 12, 2016, Defendant C, at Q Office management office, notified LW of the fact that the above vehicles were vehicles of the official duties; and (c) around February 12, 2016, the above R’s 22 name of the staff of the Incheon Regional Police Agency S. S. S. S. S. staff, cell phone number, vehicle number, etc. stated in the above document and transferred 16 U.S. car numbers to A4 paper, and around that time, disclosed the above vehicle’s secret by way of the above L.
B. Article 127 of the Criminal Code provides that a person who is or was a public official shall divulge a secret in the course of performing his/her duties pursuant to the law, and the law here.