위계공무집행방해
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment) is too unreasonable for Defendant A (one year of imprisonment) to be sentenced.
B. In light of the fact-finding and misunderstanding of legal principles as to Defendant B (De facto mistake, misunderstanding of legal principles, and unreasonable sentencing) 1, it is true that: (a) the Defendant asked the professors who were aware of that fact to apply for the review committee; (b) explain in advance about the work to some review committee members; and (c) provide meals or money to some review committee members. However, the interfered with the Defendant’s above act does not interfere with the Defendant’s official duties of G City public officials; (b) the mere request to the review committee members is not contrary to ordinary social norms; and (c) if the Defendant decided to win an election, the public official in charge of the review committee’s decision is bound by the outcome and does not have any discretion. (c) Considering the fact that the Defendant’s work has an artistic nature to the extent of being selected by the election, and the Defendants did not contact with the examiner A, even if the Defendants did not request the review committee to do so, it is difficult to view that the execution of the Defendant’s work was too likely to cause interference with the execution of official duties (for two years).
C. The lower court’s punishment against the Defendants is too uneased and unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The lower court’s determination 1) is recognized as follows: (a) public competition on the phenomenon of “the construction of the station and I commemorative sculptures” in which symbolic sculptures are produced and installed in front of the G basin in commemoration of the completion of the G basin and I holding a general project cost of KRW 1 billion (hereinafter “instant public competition”).
related to subparagraph 1.