201. Abuse of official authority and obstruction of another’s exercise of rights

1. Sexual name ○○;

Incheon Residence

Former North Korea of reference domicile

2. Stambed ○.

Seoul Residence

Jeonnam of the original domicile

Mealo Quantity

Attorney Lee Jae-sik (Apon for Defendant ○○)

Law Firm Sejong (private ships for the purpose of Defendant Park ○○)

Attorney Lee Sung-sung

March 24, 2011

Defendant ○○ shall be punished by imprisonment with prison labor for one year and four months, and by imprisonment for six months.

Criminal History Office

Defendant ○ was appointed as a police officer in November 27, 2006 and served as a special promotion guard on around November 27, 2006. From around April 2009, Defendant ○○ was appointed as a police officer in March 2005, and Defendant ○○ served as a senior police officer in March 2005. Defendant ○○ served as a senior police officer in March 2005.

1. Crimes of abusing authority and obstructing another’s exercise of rights against the victim’s lecture;

On September 12, 2009, at around 45:45, the Defendants arrested the victim as a special larceny, etc. from the house of the victim Gangwon-gu in Seoul Special Metropolitan City, Nowon-gu. The Defendants, within the scope of the victim's house, arrested the victim under suspicion of special larceny, etc..

그런 후 피고인 성○○은 2009. 9. 8. 경 양천경찰서 강력5팀 사무실에서, 피해자가 이와 같이 고문을 당하여 겁에 질려 있는 것을 이용하여, 피해자에 대한 절도 범행횟 수를 부풀려 실적을 늘리기로 마음먹고, 피해자와 그 공범인 김○○, 김○○의 각 핸드폰통화기지국위치 및 범행수법 등을 토대로 그와 유사한 점이 있는 서울지역에서 발생한 절도 미제사건의 피해통보표 상세조회를 출력해 놓은 상태에서, 피해자에게 위 피해통보표 상세조회를 건건마다 보여주지도 않고 " 70건을 만들어놨으니까 가지고 가라 "고 강요하였다. 이에 피해자가 " 그 반도 안했는데 그렇게 많이 주냐 " 고 하자, 피고인성○○은 5건을 빼주겠다고 하면서 그 이상은 빼줄 수 없다고 하였다. 피해자는 만약 이를 거절할 경우 또다시 위와 같이 고문을 당할 것을 염려하여 마지못해 65건의 범죄사실을 인정하기로 하였다. 그에 따라 피고인 성○○은 위 피해통보표 상세조회 중 피해자가 범행한 것으로 65건을 일방적으로 표시하여 이를 다른 경찰관에게 주면서 범죄일람표를 작성하라고 지시하였다 .

Defendant Park Jong-○, as indicated in the annexed Table 1, conducted the second interrogation of the victim as stated in the list of crimes, and the victim led to confessioning that the victim committed the crime as set forth in the list of crimes and sign-in-facted on the suspect interrogation protocol. However, among the above list of crimes, 27 cases, including Nos. 1 through 3, 5 through 13, 15, 16, 19, 22, 25 through 27, 30, 37, 49 through 54, among the list of crimes, were not committed by the victim.

As a result, the Defendants conspired to make a false confession without any duty by abusing official authority and forcing the victim to make a statement unfavorable to the victim.

2. The crime of abusing authority and obstructing another’s exercise of rights against the victim Kim ○ was committed on September 1, 2009 with the police officers of the above strong 5 team, and around 50 on September 1, 2009: Around 50, the defendant arrested the victim as a charge of special larceny, etc. in the vicinity of the victim Kim ○, Suyang-gu, Suyang-gu, Suyang-gu, Mayang-gu, Mayang-gu, Mayang-gu, Mayang-dong, and Kim ○. The defendant sexual ○ and the police officers of the above strong 5 team, parked the victim in the vicinity of the place where the victim was arrested, on the ground that the victim did not confession his accomplice, the victim’s head in the future, was blick, and the victim’s head was blicked, and the victim’s two arms was flicked, and the victim’s head was flick up to 200 pick.

After that, on September 8, 2009, the defendant Sungcheon Police Station's 5 team office, using the victim's response to such a adviser, in order to increase the number of larceny crimes against the victim, and to increase the number of larceny crimes, as described in paragraph 1, and the victim prepared a list of crimes in attached Form 1, which is recognized by Gangwon○, as described in paragraph 1, with "65 items," and "a victim forced him to do so. If the victim refuses it, he/she did not agree on the possibility that he/she would be advisered.

Defendant ○ prepared the second interrogation protocol against the victim as stated in the attached list 1, and the victim led to the second interrogation of the suspect to Defendant ○○○ upon receiving the second interrogation of the suspect, and led the victim to the confession that he committed the crime as stated in the above list of crimes and without signing it on the interrogation protocol.

However, 27 of the sum of 1 to 3, 5 through 13, 15, 16, 19, 22, 25 through 27, 30, 37, 49 through 54, among the above list of crimes, was not committed by the victim.

As a result, the defendant ○ has abused his authority of criminal investigation and forced the victim to make a statement disadvantageous to the victim, thereby making the victim make a false confession without any obligation.

3. On September 12, 2009, around 30:30 on September 12, 2009, the crime of abusing authority and obstructing another’s exercise of rights against the victim Kim ○, a police officer of the Yangcheon Police Station, Park○○, and Shin○, etc., arrested the victim as a charge of special larceny, etc. on the charge of special larceny, etc. on the part of the victim Kim ○, living together with the victim Kim ○, located in Seocho-gu Seoul Seocho-gu, Seoul, on the ground that the victim was born to the victim, and the victim was not led to the victim’s confession. The above Park○ was the victim’s hand and drinking, and then the victim was bucked with the victim’s hand and drinking, and the victim’s bucks and bucks were bucks of the victim

After that, on September 8, 2009, Defendant 1, at the Hancheon Police Station’s 5 team office, using the victim’s response to the advice and frightened to increase the number of theft crimes against the victim. Defendant 1, as described in paragraph (1), was placed in a prior list of crimes in attached Form 1, which is recognized by Gangwon○○, as stated in paragraph (1), and “the victim forced the victim to commit the crime at ○○ and Kim○ before her cutting off the her her her her her her her her her her her her her her her her her her her. The victim forced the victim to commit the crime. If the victim refused the examination, he/she did not agree to the second examination of the police officer her her her her her her her she was arrested, and then led to the suspect examination committee’s signature on the suspect examination. However, the victim did not sign the crime as set forth in the list of crimes 1 through 3, 5 through 3, 1 through 3, 1 through 37, 21 through 25 through 137, 15, 25 through 17

As a result, the defendant ○ has abused his authority of criminal investigation and forced the victim to make a statement disadvantageous to the victim, thereby making the victim make a false confession without any obligation.

4. Crimes of abusing authority and obstructing another’s exercise of rights against victims.

피고인들은 양천경찰서 강력5팀 경찰관인 이○○과 함께 2010. 3. 9. 경 서울 관악구 신림동 소재 피해자 이○○의 집 부근 도로에서 김○○과 함께 피해자를 특수절도죄 혐의로 체포하여 양천경찰서 강력5팀 사무실로 호송해온 다음, 피해자가 여죄에 대한 범행을 부인한다는 이유로, 피해자의 입에 불상의 물건을 밀어 넣고 스카치테이프로 입과 머리 주위를 수회 감은 후 피해자를 바닥에 엎드리게 하게 한 후 뒤로 수갑 채워진 피해자의 양팔을 잡아 등위로 꺾어 올려 어깨부위 등에 고통을 가하고, 무릎으로 피해자의 허벅지 부위를 수회 찼다 .

Defendant Sungcheon Police Station’s office around March 10, 2010: (a) using the fact that the victim was her adviser and was frightened, Defendant Sungcheon Police Station’s office, Defendant ○ was trying to increase the number of larceny crimes against the victim; and (b) 3, the victim was recognized only 48 cases; (c) on the other hand, the victim unilaterally printed out 48 detailed statement of damage notification that is similar to the victim’s method of crime from among the nationwide larceny cases, the same as 3 cases or 51 cases where “the victim was forced to do so.” (d) The victim forced the victim to refuse it, if the victim refuses it, there was no concern that the victim would be an adviser, thereby recognizing the above 48 criminal facts.

Accordingly, Defendant 1’s sexual ○○ had the victim Nonparty 1 prepare an interrogation protocol against the victim in accordance with the detailed statement of the damage notification table. The victim led Defendant 2 to Defendant 1’s second interrogation of the suspect, and the victim led Defendant 2 to Defendant 1’s signature and seal to the interrogation protocol, which led Defendant 2 to committing larceny in accordance with the above 48 detailed statement of the damage notification statement, as stated in the above 48 detailed statement of the victim notification statement, and was affixed to Defendant 2’s signature and seal to the interrogation protocol, and acknowledged the larceny crime listed in the above 48 detailed statement of damage notification statement.

In addition, around March 16, 2010, Defendant Park Jong-○ presented three cases where the victim deemed that he/she had committed the theft in the truth while conducting the third interrogation against the victim, and attached 2-day list prepared based on the detailed statement of the above damage notification table, and the victim led to confession that he/she committed the crime in accordance with the above crime list and sign it on the suspect examination protocol. However, the remaining 48 persons except the sequence 19, 27, and 46 among the above crime list did not commit the crime.

As a result, the Defendants conspired to make a false confession without any duty by abusing official authority and forcing the victim to make a statement unfavorable to the victim.

5. Crimes of abusing authority and obstructing another’s exercise of rights against victims Kim ○○.

On March 9, 2010, the Defendants arrested the victim as a special larceny-suspect on the roads near the house of ○○○○ located in Gwanak-gu, Seoul Special Metropolitan City, along with Leecheon Police Station Jin-dong, and escort the victim to the Jincheon Police Station Jin-dong office, and interview the victim by means of the above ○○○.

피고인 성○○은 2010. 3. 12. 경 양천경찰서 강력5팀 사무실에서, 피해자가 이와 같이 고문을 당하여 겁에 질려 있는 것을 이용하여, 피해자에 대한 절도 범행횟수를 부풀려 실적을 늘리기로 마음먹고, 피해자에게 " 이○○이 모두 인정했으니 너도 인정해 라. 37건을 가지고 가라 " 는 취지로 강요하였다. 이에 피해자가 " 인정하지 못하겠다 " 고하자, 피고인 성○○은 " 주범이 인정했는데 니가 못하겠다고 하면 너는 괘씸죄에 찍혀 오래 살거야 " 라고 겁을 주었다. 그러자 피해자는 만약 이를 거절할 경우 또다시 위와 같이 고문을 당할 것을 염려하여 마지못해 37건의 범죄사실을 인정하기로 하였다. 그에 따라 피고인 성○○은 피고인 박○○로 하여금 제4항 기재와 같이 작성된 별지 2 범죄일람표 순번 15 내지 51 기재 내용대로 피해자를 상대로 피의자신문조서를 작성하게 하였다 .

피고인 박○○는 2010. 3. 12. 경 피해자를 상대로 제2회 피의자신문을 하면서 피해자가 별지 범죄일람표 범행내용을 부인하자 피해자에게 " 너 부인해, 니가 재판을 받을 때 괘씸죄에 찍혀 제일 오래 살거야 " 라고 겁을 주었고, 이에 피해자는 마지못해 위 범죄일람표의 내용대로 범행을 하였다고 자백하고 피의자신문조서에 서명무인하였다. 그러나 피해자는 위 범죄일람표 중 순번 19, 46을 제외한 나머지 35건 ( 즉 순번 15 내지 18, 20 내지 45, 47 내지 51 ) 은 범행하지 않았다 .

As a result, the Defendants conspired to make a false confession without any duty by abusing official authority and forcing the victim to make a statement unfavorable to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect by the prosecution concerning ○○○, ○○, and ○○○;

1. Each prosecutor’s protocol of statement on the ○○○○, Kim○, Kim○, Kim○, Lee○○, and Kim○;

1. A copy of the investigation report (a copy of the relevant records attached) and a copy of each police examination report on the ○○○, Kim○, and Kim○○;

1. A copy of the investigation report (a copy of the investigation report of suspect of the police, etc. on this ○○, Kim○○, and a copy of the investigation report on suspect of the police, and Kim○○;

1. Investigative report (Attachment to the judgment in relation to reading assault against the suspect, ○○○, etc.) and a copy of the judgment;

Application of Statutes

1. Article applicable to criminal facts;

A. The abuse of official authority and obstruction of another’s exercise of one’s right against the victim’s lectures, ○○, ○○, and Kim○ (the Defendants): Articles 123 and 30 of the Criminal Act

B. Each abuse of official authority and obstruction of another’s exercise of rights against the victim Kim○○ and Kim○○ (Defendant Sung-○○): Article 123 of the Criminal Act

1. Selection of punishment (the Defendants)

Each sentence of imprisonment (to take into account the significant points of the case)

1. The Defendants among concurrent crimes (the Defendants)

The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was that the Defendants, who are police officers, exercising or assisting in the duties of the restraint of the human body, conspired to exercise criminal investigation authority, and forced the victims of the instant crime to make a false confession by using the suppression atmosphere after the victims of the instant crime or the police officers from the Defendant or the police officers of the said police officers, for the reason that the victims, who were the criminal suspects, did not deny the crime or make a confession of the crime. Ultimately, the crime was prosecuted based on such false confession, and the crime was committed repeatedly, systematically, and planned for a long period of time, and the nature of the crime is very heavy.

However, the Defendants were deemed to have committed the instant crime because they could inflict physical harm on the body due to physical collision with the criminal. On the other hand, the excessive performance and performance principle that evaluates the performance of duties with the arrest record of the criminal appears to have been in harmony with the inducing of the instant crime. Defendant sexual ○○ has been serving as police officials for about 18 years from around 192, and more than 20 times of official commendation. In particular, it appears that the Defendants were unable to have been serving within the period of 006, by arresting the first school student leader and serving at around 2006, and having been serving within the period of 1st century to protect the body and property of the people. In light of the fact that it appears that the Defendants committed the instant crime under the direction of the Seoul High Court for the first time during the period of 20 years, and that the Defendants were serving within the period of 00,000 police officers, which appears to have been in accordance with the strict direction of the Seoul High Court for the first time to commit the instant crime.

Judges Lee Sung-hoon

A person shall be appointed.