The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, even if the Defendant, as the representative of a measuring agency, entrusted the measurement business of air pollutants by the business operator to submit a false statement of the fixed emission quantity and the atmosphere measurement record attached thereto to the administrative agency, it cannot be said that the duty of imposing basic dues by the public official in charge of the administrative agency was specific and realistic interference. In addition, even if the Defendant committed a false statement of the fixed emission quantity submitted by the administrative agency and the atmosphere measurement record attached thereto (hereinafter “fixed emission record, etc.”) without examining the authenticity of the fixed emission quantity submitted by the public official in charge of the administrative agency, it cannot be deemed as the result of the Defendant’s deceptive scheme, and thus, the crime of obstructing the performance of official duties by fraudulent means is established.

Nevertheless, the judgment of the court below convicting of this part of the facts charged is erroneous in the misapprehension of legal principles as to the obstruction of performance of justice by deceptive means.

B. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. The crime of obstruction of performance of official duties by fraudulent means is established in cases where the other party misleads the other party as to the mistake, mistake, or site of the other party, and makes the other party commit a wrong act or disposition, thereby obstructing the specific and practical performance of official duties.

Therefore, in the case of “report,” the effect of which is completed by unilateral notification to an administrative agency, even if the reporter entered false facts in the report or submits false explanatory materials, such report alone cannot be deemed as impeding the specific and practical performance of duties of the public official in charge, and thus, barring special circumstances, it constitutes a crime of obstruction of performance of official duties by fraudulent means.