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(영문) 대법원 2017.09.21 2016도19905
직무유기등
Text

The judgment of the court below is reversed, and the case is remanded to Jeju District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of appeal as to the abandonment of duties and the divulgence of confidential information on official duties, the lower court is justifiable to have found the Defendant guilty of the abandonment of duties and leakage of confidential information on official duties among the facts charged in the instant case on the grounds stated in its reasoning

In doing so, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the standard of judgment of abandonment of duties, the relation between the crime of abandonment of duties and the abandonment of duties, and the divulgence of secrets in the line of duty, thereby adversely affecting

2. As to the grounds of appeal on the violation of the Personal Information Protection Act

A. The gist of this part of the facts charged is as follows: (a) a public institution’s personal information manager may not use personal information for any purpose other than the purpose or provide it to a third party, except as otherwise provided by Article 18(2) of the Personal Information Protection Act, such as where necessary to investigate a crime, institute a public prosecution, and maintain a public prosecution; (b) the Defendant, despite the fact that he/she had worked at the Jeju Police Station C around July 22, 2015 at the Seoul East District Public Prosecutor’s Office and the Jeju District Public Prosecutor’s Office, and the Jeju District Public Prosecutor’s Office, and the Jeju Branch Police Station, check the fact that G had been assigned with each arrest warrant issued by each of the police stations at the Seoul East District Public Prosecutor’s Office and the Jeju Branch Police Station; and (c) confirmed that he/she provided the Defendant with personal information by providing the Defendant with the content of “(i) a mother arrest warrant two, ② a similar receipt of public prosecution by 2021 and ③ one by one by one by one by one by one of the fraud department with G transmission.”

B. The lower court’s personal information on the above charged facts.

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