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(영문) 부산고등법원 2016.06.23 2016노105
폭력행위등처벌에관한법률위반(직무유기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor to the court below and the court below, including the prosecutor's office of P on the summary of the grounds for appeal and each statement at the court below, the court below found the Defendants guilty of all the charges of acceptance of bribe of this case and acceptance of bribe of this case and each of the charges of violation of the Punishment of Violences, etc. Act (or abandonment of duties) against Defendant A. However, the court below acquitted each of the charges of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. After Defendant A was appointed as a judicial police officer on June 10, 1992, Defendant A served as the Busan Regional Police Agency criminal and violent G from January 30, 2012 to February 11, 2014. Defendant B was a police officer working as the Busan Regional Police Agency and violent G around 1989, and Defendant B was in bad faith as one of the actual members of H organization from around 2008 to around January 201.

1) On June 1, 2012, Defendant A visited Defendant A, along with its team members, who opened a business trip to Seoul with respect to the marriage ceremony of H organization staff I, around June 1, 2012, Defendant A met with Defendant B who maintained their friendship. Around the same day, Defendant A met at the K coffee shop located in Gangnam-gu Seoul High Court.

Defendant

A in its place, “B begins with Defendant B’s knowledge at present at the prosecution of H organization, and will begin immediately with Defendant B of this day.

The wind is very wind.

At present, four externally are two items, and since the width is diverse, the advice was given by Defendant B, “I have to attend the same event site in the past,” and received one million won in cash in the envelope.

Accordingly, Defendant A accepted a bribe in relation to his duties.

B) Defendant A violated the Punishment of Violences, etc. Act (abbandoning duties) on the escape of an offender (L) and violence, etc. (abandoning duties) shall be the mobile phone of the above B from the beginning of December 2012 to the Busan Scandon.

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