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(영문) 대전고등법원 2015.06.12 2014노335
위계공무집행방해
Text

The judgment below

The part of the defendant G, N U, and Z shall be reversed.

Defendant

G, N, U, or Z shall be punished by imprisonment for up to eight months.

Reasons

Judgment on the Grounds for Appeal

A. The summary of the grounds for appeal 1) misunderstanding of facts or misunderstanding of legal principles (Defendant B, E, G, K, S, U, X, and Z) (1) Defendant B did not contain an open screening process in 2012 by the BJ Office of Education (hereinafter the “instant open screening process”) but did not distinguish between the open screening process and the open screening process in 2012 by the BJ Office of Education from D Educational Professional Service (hereinafter the “instant open screening process”).

(2) Defendant E did not recognize that when having received the issue from BM, BM flows out the test issue, Defendant E did not call out the money to BM for the test issue.

(3) Defendant G (A) was not aware that the problem was leaked when the issue was discovered from BM. The Defendant did not know that it was an interview problem that was leaked in advance.

② Only two questions, among three questions, were actually drawn up, among three questions, which BM informed the Defendant.

Therefore, the problem that BM is known is not a final issue but a matter that is submitted as a draft.

Thus, as long as the BM discharges the problem submitted as the preparing draft, it cannot be deemed as an act that is merely an act in the preparing phase and interfering with the execution of official duties, so long as it is not a matter of finality.

③ As long as the Defendant did not detect the interview problem by using unlawful means, even if the Defendant, who became aware of all or part of the interview problem of this case, through any way thereafter, makes an oral statement at the actual interview place, this is a act without possibility of legitimate expectation against the Defendant, who is an examinee, and thus, shall be held accountable.

④ The interview evaluation is a screening for the first successful applicants, and there was an error in the selection of the first successful applicants, so the interview evaluation should be suspended.

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