(영문) 서울동부지방법원 2016.09.29 2016고단2140

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(영문) 서울동부지방법원 2016.09.29 2016고단2140

직무유기

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a police officer belonging to the Korea Coast Guard E Public Security Center in Seoul, who is in charge of the management and patrol of the above Public Security Center.

On December 23, 2015, the Defendant received an order from the 11:00 to 13:00 to the 13:00 patrols in the jurisdiction of the Songpa-gu Seoul Metropolitan Government Security Center. Therefore, according to the above order, the Defendant did patrols between 10:29 and 13:10 on the same day without justifiable grounds while failing to conduct patrols between 10:29 and 13:10 on the same day, and performed patrols in the jurisdiction of the E Security Center, including the Defendant’s address, from around December 23, 2015. From around March 30, 2016, the Defendant did not perform patrols for the prevention of crimes within the jurisdiction of the E Security Center, including the Defendant’s patrols, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the work site in the D District;

1. Application of investigation reports (verification of entry details of suspect's residence) Acts and subordinate statutes;

1. Relevant Article 122 of the Criminal Act and the choice of punishment for the crimes, and the choice of imprisonment with prison labor;

1. Eight months of imprisonment to be suspended;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (The following favorable circumstances among the reasons for sentencing) is a police officer who has been given an important mission to protect the lives, bodies and property of the people and to maintain public peace and order, and thus, is not likely to be criticized.

Although the defendant was involved in the death of his spouse, it did not distinguish the construction as a public official and did not perform official duties due to private sentiment, and even before the crime of this case was committed, the defendant was drunk for the same reason.

참조조문

-형법 제59조 제1항

-형법 제122조

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