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(영문) 대전지방법원 2017.03.23 2017고정225
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

D was permitted on November 19, 2012 to remodel 7 livestock penss on the ground from the Seongbuk-gu office.

In such cases, D shall be reconstructed as permitted, and if it is reconstructed with any content different from the permitted matters, D shall obtain permission for change.

Nevertheless, D has not obtained a change in the location or structure of a stable from November 19, 2012 to November 201, 2013, while moving or remodeling the location or structure of a stable differently from the original permission.

D As above, it is difficult to reconstruct seven livestock penss without permission for change and obtain a normal permission. On January 2015, 2015, a private person, who was aware of it, requested that the construction supervision of the said livestock pens be entrusted to the Defendant. Accordingly, the Defendant and D planned to apply for permission for change by preparing as if the said livestock pens had not been reconstructed differently from the contents of permission.

According to this plan, on January 16, 2015, the Defendant applied for permission for change in the name of D in accordance with the location, structure, etc. of a stable which was reconstructed as a result of the change to the basin of the Daejeon Metropolitan City, and the public officials in charge of the Seongbuk-gu, who did not know such circumstances, determined that there was no part that was reconstructed differently from the previous permission from the previous permission of November 19, 2012, and applied for permission for change on February 2, 2015.

Accordingly, in collusion with D, the defendant interfered with legitimate execution of duties concerning building permission duties of public officials of the Seongdong-gu Office by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Statement made by the police with regard to D (seven times);

1. Notification of receipt of a building permit (open axis) within a development-restricted zone (H and E), and notification of receipt of construction (open axis) within a development-restricted zone;

1. A building permit or a modified building permit;

1. Application of Acts and subordinate statutes to applications for building alteration permission;

1. Article 137 and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 70 of the Criminal Act to attract a workhouse.

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