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The defendant shall be innocent.
Reasons
1. The summary of the facts charged in the instant case is as follows: (a) around 17:40 on September 3, 2012, the Defendant stated that the moving-in report of the D community service center located in Pyeongtaek-si is impossible for the Defendant, who is a public official in charge, to handle the moving-in report of his child without the consent of the former wife who divorced from the Defendant; (b) the Defendant, who is a public official in charge, is able to deal with the civil petition affairs, and the E who is in charge of the civil petition affairs, must be able to handle the complaints as desired; and (c) the head of the civil petition administrative division F, who has been in charge, without the consent of the public official in charge, should not be able to treat the complaints as soon as possible; and (d) the Defendant, without the consent of the public official in charge, continued to sell it to the above public official in the public service center without any justifiable reason.
2. In the crime of obstruction of the performance of official duties on the market, the term “Intimidation” means an act of notifying harm and injury for the purpose of causing fear to the other party, and the content of harm and injury so notified should be objectively made to the other party feel fear by taking into account various circumstances as at the time of the act, such as its developments, surrounding circumstances at the time of the act, the offender’s inclination, the degree of friendship with the other party, and the relationship between the offender and the other party, etc., and if such intimidation is minor and thus the other party’s fear is not entirely open, it does not constitute intimidation.