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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
1. Based on its stated reasoning, the lower court affirmed the first instance judgment that found the Defendant guilty of the intrusion of a room and search of a room room among the facts charged of the instant case.
The judgment below
Examining the reasoning in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on possession, contrary to what is alleged in the grounds of
2. Article 127 of the Criminal Act on the disclosure of secrets in the line of duty requires that a person who is or was a public official divulges secrets in the line of duty pursuant to the law.
"Official secrets" under the same Article includes matters which are not necessarily defined as confidential or classified as confidential under the laws and regulations, and which include matters of considerable interest in not being known to the outside from an objective and general point of view by the government, public offices, or the people, as well as matters which are classified as confidential under the laws and regulations, but are in fact worth protecting them as confidential.
number of persons shall be determined.
The purpose of this crime is not to protect the confidentiality itself, but to protect the interests of the country threatened by the infringement of the duty of confidentiality of public officials (see Supreme Court Decision 95Do780, May 10, 1996; Supreme Court Decision 2002Do7339, Dec. 26, 2003; Supreme Court Decision 2004Do5561, Jun. 14, 2007; etc.). In addition, since official secrets refer to the secrets that a person in charge of duties has learned in the course of performing his duties, regardless of the circumstances in which the person in charge of duties becomes aware of in the course of performing his duties.
For the following reasons, the lower court convicted of the divulgence of secrets among the facts charged in the instant case.