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(영문) 창원지방법원 2015.07.15 2015노841
공무상비밀누설
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. On March 30, 2012, the summary of the grounds for appeal, among the contents contained in the “Notification of Inspection Plans for Safety Control of National Infrastructure (In the Area of Harbor)” to the Port Distribution Department of Mansan Regional Maritime Affairs, the Ministry of Land, Transport and Maritime Affairs of March 30, 2012, the Defendant’s physical stress on the area of dangerous substances (fire-fighting) sent to the Jeju High Military Logistics Center (State), and each document sent to the SSK Energy Logistics Center constitutes secrets of the crime of divulgence of public duties. At the time, the Defendants had intent to divulge confidential information on official duties.

2. Examining the evidence of this case closely in light of the records, the court below's decision that found the defendant not guilty of the facts charged of this case to the purport that since the contents of "the physical list of dangerous substances (fire-fighting)" sent by the defendants are stated in the Open Port Order Act, the Enforcement Decree and the Enforcement Rule of the same Act, or the items that can easily be anticipated pursuant to the above Acts and subordinate statutes, and the contents are not abstract and specific, and each company receiving them has already been familiar with the safety management plan, and thus, the received company has already been aware of them, and thus, it cannot be recognized that it is not a considerable benefit to the general public, nor a secret is worth protecting. Thus, the court below's decision is just and it does not err by misapprehending the facts as

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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