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(영문) 전주지방법원 2017.06.07 2017고단545
공무상비밀누설등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as a police officer (sloping), served as a criminal police officer (sloping), from February 19, 2014 to July 14, 2016, serving as a staff member in charge of transportation of the former North Korean National Police Agency and E District Expressway patrol staff. From July 15, 2016 to November 26, 2016, the Defendant served as a staff member in charge of transportation of the former North Korean National Police Agency and E District Expressway patrol staff.

1. Whether a criminal case has been designated by an investigative agency for leakage of confidential information for official duties is likely to obstruct the functions of the investigative agency for criminal investigation by means of the manipulation of evidence, preparation of false statements, escape, etc. which a person subject to such disclosure is not secured by the investigative agency if it is disclosed outside, such as a person;

Nevertheless, from November 25, 2014 to June 15, 2015, the Defendant searched the Defendant’s passport number (H) of the victim G using a portable device used by the police officer that he/she received in the course of performing his/her duties at the residence of G, which is a female studio 302, from around seven times in Jeonju-si, from around November 25, 2014, and searched whether G had been issued and assigned a warrant of arrest from the International Criminal Investigation Team of the National Police Agency in the former North Korean National Police Agency to obtain a warrant of arrest in the course of fraud, and notified G of such details and divulged public secrets.

2. No person engaged in criminal justice affairs in violation of the Promotion of the Digitalization of Criminal Justice Process shall divulge, process without authority, provide for others to use, or otherwise use for unjust purposes;

Nevertheless, at around 22:54 on June 15, 2015, the Defendant entered the comprehensive search of the case of the D Police Station type and the Criminal Justice Information System (KICS), which is a computer network used by the Defendant, located in I at the Jeonju-si, and entered the case number of G (J) and entered the false contents of the case search for arresting a times in the column for the purpose of use, with the approval of K by the head of the work team in charge, and taken a cell phone search screen after confirming the detailed information on the case of the D Police Station case of G.

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