The sentence of punishment against the Defendants shall be suspended.

Punishment of the crime

1. On April 9, 2014, the Defendants received a report from the 60th husband and wife of the Incheon Southern Police Station E District, that “the 60th husband and wife, who had carried out patrols, would not return to the surrounding area of the ship in front of the ship,” and the Defendants discovered the victim F (31 years old) at the ship, middle school playground located in the Namnam-gu Incheon Metropolitan City, Namnam Police Station E District, and discovered the victim F (31 years old) at around 01:45 on the same day.

The Defendants requested the victim to be informed of the name and personal information, but they were rejected several times from the victim, and the Defendants used patrol cars in around 02:35 on the same day to accompany the victim to the E area.

At around 02:39 of the same day, the Defendants moved from the patrol car to the E-district located in Nam-gu Incheon Metropolitan City, and forced the victims to put their arms, and forced them to go into the patrol car.

Accordingly, the Defendants jointly arrested the victim by abusing their official authority as a person who performs or assists in the duties concerning the restraint of the human body.

2. Around April 9, 2014, Defendant B: (a) did not search the body or belongings of the victim without a search and seizure warrant duly issued by the victim, while Defendant B, who took part in the search and seizure warrant, engaged in search and seizure of the victim’s body or personal belongings within the said E zone; and (b) Defendant A took part in the search and seizure warrant to verify the content of the search and seizure warrant.

As a result, the Defendants abused official authority and interfered with the exercise of rights such as the freedom of body not being subject to seizure and search in violation of the law of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor's office and the police's statement concerning F;

1. Application of the Acts and subordinate statutes to investigation reports (ctv caps and photographic file);

1. The Defendants of the relevant legal provisions regarding criminal facts: Article 124(1) of the Criminal Act (the point of abuse of authority) and the Criminal Act.