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(영문) 서울남부지방법원 2012.09.11 2012고단919
공무상비밀누설등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since the Defendant found a person who is a police officer in exclusive charge of narcotics investigation in C and a police officer working as the team leader of the strong three team team, the Defendant took necessary measures, such as immediately arresting him. However, around 10:30 on June 19, 201, when he discovered a person who committed a drug-related crime, the Defendant confirmed that the person who was aware of the fact that he was a drug-related offender was visiting the police investigative information system with E and asked him to verify whether he was double, and then asked him to confirm whether he was double, by visiting the police investigative information system with his own computer on his book, and sent E without any justifiable reason the warrant of arrest to the subordinate employee in violation of the Act on the Control of Narcotics, etc. at the office of the Seocheon Branch of the Gwangju District Prosecutors’ Office, and then, sent E without any confidential warrant of arrest, and notified him of the identity of the person who was assigned to him that he was an abandoned employee, and then, without any justifiable reason, the warrant of arrest was issued.

Summary of Evidence

1. A protocol concerning the examination of suspect by the prosecution against the accused, E, or D;

1. Legal statement of E;

1. Partial statement of D;

1. Application of each statute on photographs;

1. Relevant Articles 127 and 122 of the Criminal Act and the choice of imprisonment with labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant does not reflect the crime of this case while denying the crime of this case, the defendant is the first offender, and the circumstances, means, methods, and results of the crime of this case shall be determined as the sentence of this case.

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