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집행유예
(영문) 대구지방법원 2006. 8. 24. 선고 2005고단7219 판결
[형의실효등에관한법률위반·협박][미간행]
Escopics

Defendant

Prosecutor

Limited Date

Defense Counsel

Attorney Kim Byung-kil

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant (name omitted) was a police officer belonging to the Information and Security Department of the Police Station (Assistant), and the victim non-indicted 1 entered into a contract for the service of changing the above woodland from the victim non-indicted 4, 50-1 to the school site of the 2.5 billion won for the establishment of the 2.5 billion Won, on October 16, 2001, for the establishment of the 2.5 billion Won for the above 200 million Won for the purpose of establishing the 200 million Won for the above 200 million Won for the above 200 million Won for the purpose of establishing the 200 million Won for the above 3rd for the 3rd for the purpose of establishing the 3rd for the 3rd for the 2nd for the above 2nd for the purpose of establishing the 2nd for the 2nd for the 2nd for the above 2nd for the 2nd for the purpose of developing the 2nd for the 100 billion Won for the above 2nd for the 2nd for the 201010.3rd for the above 2010.

1. At around 12:30 on May 30, 2003, at the office of Nonindicted Co. 10 of the above 108, Seo-gu, Daegu, Seo-gu, 1088, Nonindicted Co. 2 called, “A criminal defendant who works for the (name omitted) police station information and works for the (name omitted) police station information. Nonindicted Co. 2, who is a partner of the house, will promptly report to the upper part of the city, and will promptly bring about a problem.” If the above Nonindicted Co. 2 did not return KRW 600,000 to the above Nonindicted Co. 2, the victim expressed his attitude of bringing about any disadvantage, such as commencing an investigation into the victim, and threatening the victim.

2. On June 3, 2003, a person who manages the materials of investigation cards or who refers to criminal records or investigation records based on the materials of investigation cards in the course of performing his duties should not divulge the contents of the materials of investigation cards; however, on June 3, 2003, a certified copy and abstract of the family register, a certified copy and abstract of the resident registration, and a certified copy of the resident registration with respect to the above non-indicted 1 was issued at the electronic computer room of the police station, and confirmed the previous criminal records of the above non

A. On June 4, 2000, at around 09:00 on around 09:0, the office of the Organizing Committee for the 130 YY-dong, YY-dong, 130, YY-dong, Chungcheongnam-gun, and thus, “Non-Indicted 1 is a criminal defendant, and a person was replaced, and his resident registration was cancelled, and it was possible to find that he was only the resident registration was confirmed at the Gun office, and that he was trying to attract the university without confirming it.” By revealing the contents of the materials materials materials materials materials of Non-Indicted 1 as to the above non-Indicted 1.

B. On June 4, 2003, around 16:30 on the 4, 2003, the phone calls from Nonindicted 8’s mobile phone (number omitted), which is the head of the economic and audit team of the elderly military office, to reveal the contents of the materials of investigation cards against Nonindicted 1, who read, “ Nonindicted 1, who is a person who has a lot of problems, was a criminal record, was entering into a contract without investigating the person, who was a criminal record, was in need of prompt measures, Nonindicted 2 is preparing for press reports, and will bring an issue by making a report on information.”

C. On June 4, 2003, at the above non-indicted 4 corporation office around 14:30, the above non-indicted 5 stated that "the non-indicted 1 was cancelled the resident registration and it is hard to have the previous record. Whether the denial currently living is not the main body, whether the non-indicted 1 would have known that it would be returned to a person who lent 600 million won by making use of a paper to the non-indicted 1, and the contents of the materials of investigation cards against the above non-indicted 1 are leaked;

D. At around 10:30 on June 12, 2003, Nonindicted 9 and Nonindicted 8, who were the head of the planning and audit office, were found together with the above Nonindicted 2 in the planning and audit office of the headquarters of the headquarters of the elderly 190, the elderly Dong-gun, the elderly Dong-gun, the elderly 190, revealing the contents of the materials of investigation cards against Nonindicted 1, stating, “If Nonindicted 1 was a criminal suspect, and was under a contract without investigating his/her person, why he/she was the criminal suspect, Nonindicted 2 believed the administrative plan of the military administration, and invested 60 million won to Nonindicted 1 while making an investment in the money fraud, and if it was found that there was no smooth resolution, he/she would not withdraw the measures of accusation against the media or take a matter by making a report.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness Nonindicted 1, 9, and 5

1. The prosecutor’s statement on Nonindicted 1, 8, 9, 5, 2, and 7

Application of Statutes

1. Article applicable to criminal facts;

Articles 10(1) and 6(2) of the Act on the Invalidation, etc. of Punishment and Article 283(1) of the Criminal Act

2. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

3. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration, including a first offense and a penance)

Judges Kim Jong-han

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