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(영문) 대법원 2017.05.17 2017도3219
직권남용권리행사방해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Judgment on Defendant A’s grounds of appeal

A. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have convicted the Defendant of the charge of obstructing the exercise of rights (excluding the portion of innocence) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the crime of abusing authority and obstructing exercise of rights, and on the degree of proof necessary for conviction.

B. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of violating the Local Public Officials Act on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on “act of unfairly affecting” under Article 42 of the Local Public Officials Act, and on the degree of proof necessary for recognition of guilt, etc.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted Defendant B of the charge of bribery to good offices (excluding the portion of innocence) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the crime of accepting bribe.

3. Judgment on the grounds of appeal by the prosecutor

A. As to Defendant A’s preparation of a false official document, the use of a false official document, the use of a false official document, the abuse of authority against members of the Work Performance Rating Board, the abuse of authority over BV and BU’s evaluation, the lower court, on the grounds stated in its reasoning, interferes with the preparation of a false official document, the exercise of a false official document, the exercise of a right against members of the Work Performance Rating Board, the abuse of authority against the members of the Work Performance Rating Board, and the evaluation of BV and BU’s service.

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