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(영문) 제주지방법원 2019.01.21 2017고단2813
위계공무집행방해
Text

The Defendants are not guilty.

Reasons

1. Defendant A, as the designer of the building in Jeju City (hereinafter “instant building”), is delegated by the owner with a comprehensive civil petition affairs related to the said building, and Defendant B is the head of the construction site site of the said building.

Defendant

A applied for approval for use of the above C building on January 19, 2017, and around January 25, 2017, around January 25, 2017, the Jeju Viewing Construction and the public official in charge of charge of the Jeju Viewing Construction under the contact that “it is permitted to permit the approval of use to submit a certificate of fire-fighting supply and a written confirmation of fire-fighting glass test because the relevant building falls under a building in a fire-prevention district,” and that the windows of the said C building was designed and constructed as a general glass, not a fire-fighting glass, the government demanded the Defendant B, who is the head of the site office, to prepare and submit the relevant documents with knowledge of the fact that the windows of the said C building was

Defendant

B Upon receipt of the aforementioned request from Defendant A, on February 1, 2017, the said C-building site office received a false certificate of fire-fighting glass supply and issued it to Defendant A, even though there was no fact that the said C-building site office was supplied with, or constructed with, the fire-fighting glass supply. Defendant A received the said certificate and filed an application for approval for use of the said building to Jeju Viewer on the same day, and submitted the application to Defendant A for approval for use of the said building using the “Stter”, a building administration program, and received the approval for use from the Jeju

As a result, the Defendants conspired to obstruct the legitimate execution of duties by the public official in charge of the Jeju viewing construction and approval for use.

2. According to the evidence adopted and examined by this court, the following facts can be acknowledged.

On February 17, 2016, Defendant A, an architect, applies for a building permit on behalf of the owner on March 21, 2016, which was granted a building permit on December 28, 2016, the construction and public official in charge of Jeju shall be the head of Jeju Special Self-Governing Province architect in the name of Jeju Mayor.

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