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(영문) 서울고등법원 2016.10.14 2016노1181

위계공무집행방해등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (the violation of the Act on Special Measures for the Obstruction of Performance of Official Duties and the Designation and Management of Areas of Restricted Development (hereinafter “Act”) ] The lower court convicted the Defendant of this part of the facts charged is a misunderstanding of facts or misunderstanding of legal principles as seen below. (A) The Defendant purchased the said land in a large amount of manner with the belief that the Defendant would be able to grant a building permit for the entire 12 parcels, such as T, and subsequently, purchased the said land from B and networkR with the belief that the Defendant would be able to grant a building permit for the entire 12 parcels, and later the relevant work relating to the application for a building permit (hereinafter “instant application for a building permit”). It refers to seven parcels, such as T, etc. for which

No knowledge was made that the building permit was impossible.

(2) A series of processes for obtaining a building permit on the instant parcel was led by B and network R, and there was no fact that the Defendant, from time to time, conspired with them to prepare and submit false documents, in collusion with them, such as ordering or participating in the preparation of a building status map, the layout map of the existing building, the business plan, the preliminary examination report, etc. (hereinafter “building status map, etc.”) which is a document attached to the application for the permission.

(3) The only evidence of the Defendant’s intention and conspiracy is that there is no consistency and arbitrity, and there is sufficient motive to make a false statement because it is outside of the Defendant’s responsibility to avoid heavy punishment and there is sufficient motive to make a false statement. Therefore, the statement is not reliable.

B. According to the statement of the person involved in misunderstanding the legal principles as to fraudulent methods or the false perception of the public official in charge, not only W andY, but also the O market, which is the final person in charge of the application for permission, are the current status of the building.