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(영문) 서울중앙지방법원 2020.04.23 2019고단8451
허위공문서작성등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2018, the Defendant was sentenced to one year and four months of imprisonment and two years of suspension of qualifications for violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on September 7, 2018, and the said judgment became final and conclusive on September 7, 2018.

[B] In a criminal trial against a narcotics offender, "co-operation" as a sentencing factor for mitigation in the sentencing guidelines of the Supreme Court means a case where a person involved in a narcotics who is under trial clarifys specific and accurate facts about a narcotics crime and contributes to the investigation of the relevant person to the extent that it is possible to bring a criminal prosecution or add a criminal prosecution, and the case where the relevant investigation agency has induced a narcotics crime for the purpose of being sentenced to reduction of punishment and the case where the relevant investigation agency has been revealed is not the mitigated person. Thus, in order to be sentenced through cooperation in the investigation, it is natural that the narcotics offender in trial should contribute to the investigation by stating that he/she is true

When a person who commits narcotics, etc. in a criminal trial intends to provide information on narcotics, etc., he/she may be considered as mitigation factors in the sentencing guidelines of the Supreme Court, and he/she intends to inform the person who commits narcotics, etc., and some of the police officers who investigate the narcotics, etc. shall actively receive information on narcotics, etc., such as enhancing investigation records and promoting them through promotion.

However, a considerable number of narcotics offenders in trial are required to be informed on their behalf because there is no case to inform him/her of such fact, and some police officers who are aware of such circumstance may actively inform him/her of the fact by treating them as public even if a third person who is not related to the narcotics offender in trial is informed.

Because of the above circumstances, narcotics crimes are committed to police officers on behalf of the narcotics offender in trial.

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