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(영문) 서울고등법원 2014.01.16 2013노1876
공무상비밀누설
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the divulgence of the content of search and seizure policy and Q’s leakage related to the borrowed name loan on September 22, 2011, by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

1) The Defendant merely used a call to obtain an investigation intelligence through S, and did not inform S of “the search and seizure policy”, and there was no fact that there was no “the replacement of a borrowed name loan in the name of Q father” and “the replacement of a borrowed name loan in the name of Q father.” In order to obtain an investigation intelligence, the Defendant took an attitude to avoid the answer because S could not make clear answer to the defect in question, while making a call in order to obtain an investigation intelligence, and the Defendant did not recognize that his attitude was “disclosure” or “an act of notifying a third party,” and thus, the Defendant did not have any intention to “disclosure” as a matter of duty.

3) The Defendant avoided a search and seizure on September 22, 201 without making clear answers to the question of S. The passive attitude of the Defendant cannot be evaluated as “disclosure of official secrets.” The Prosecutor’s assertion of misunderstanding of facts and misapprehension of legal principles (not guilty part) on each of the facts charged in this part is erroneous in the judgment of the lower court, which acquitted the Defendant of the facts charged in this part as follows, and thereby adversely affected the conclusion of the judgment. (1) According to the part of the arrest plan disclosure of Q, Q, and P’s statement, it is clear that the Defendant informed that Q would be subject to search and seizure on September 22, 201, and that the Defendant would be subject to search and seizure on the following day. In general, in the event of search and seizure conducted by an investigative agency, the Defendant’s arrest of the core suspect is general.

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