2017No1302 Abandonment of duty

A

Defendant

Clerks (prosecutions) and leap-hees (public trials)

Law Firm B, Attorneys U-V

Seoul Central District Court Decision 2017Ma122 Decided March 30, 2017

June 30, 2017:

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000. Where the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

1. Summary of grounds for appeal;

The sentence of the court below (one year of imprisonment with prison labor for three months) is too unreasonable.

2. Determination

The crime of this case is a bad condition to the defendant that it is a crime that interferes with the maintenance of order, which is the essential duty of police officers, and the proper exercise of the state's penal authority.

However, the circumstances favorable to the defendant are as follows: (a) the defendant has been in profoundly against the defendant; (b) the defendant has served as a police officer for 25 years; (c) he has been awarded a commendation on several occasions; (d) the defendant has been dismissed on April 2017; and (e) the fact that the defendant does not acquire monetary consideration or benefits in

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc., as well as various sentencing conditions shown in the case records and pleadings, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Discretionary Judgment】

The summary of facts constituting an offense and evidence. The summary of facts constituting an offense and evidence against the defendant recognized by this court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 122 of the Criminal Code, Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

The sentence shall be determined as per the Disposition in consideration of the various circumstances as seen in the part of judgment on the grounds for appeal for sentencing.

The presiding judge, senior judge, and leather

Judges Cho Young-chul

Judges Hwang Sung-sung