업무방해등
The judgment below
Among them, the part not guilty against Defendant A and B and the part against Defendant C shall be reversed.
1. Of the facts charged against the Defendants, the lower court found the Defendants guilty as to the obstruction of the performance of the duties by fraudulent means by each of the Defendants A, B, and C, and the prosecutor appealeded only the acquitted portion of the lower judgment against the Defendants A, B, and C. As such, the part concerning the obstruction of the duties by fraudulent means among the lower judgment became final and conclusive, and only the part concerning the obstruction of the performance of the duties by fraudulent means against the Defendants, who are the acquitted portion of the lower judgment, belongs to the scope of the lower judgment.
(2) According to the reasoning of the appeal, “an incorporated association I” (hereinafter “I”) is an organization designated as a sanitation education institution by the Ministry of Health and Welfare for the purpose of sanitation education, “designation of the sanitation education institution for business operators, etc.,” and “designation of the sanitation education institution for new entertainment tavern business operators, etc.,” a public official in charge of the administrative agency’s submission of a certificate of completion of sanitation education upon application by new entertainment tavern business operators, and trusting only those business operators who have completed public service delegated by I to receive the certificate of completion of sanitation education, etc., and the public official in charge of the administrative agency’s receipt of a certificate of completion of sanitation education is not sufficient to examine whether the new entertainment tavern business operators have completed public health education. The public official in charge of the administrative agency’s submission of a certificate of completion of sanitation education for the purpose of sanitation education.