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(영문) 대전지방법원 2013.03.27 2012노2080
위계공무집행방해
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendants prepared a false job-on-the-job training site; (b) obtained the credits from J Schools; and (c) applied for the issuance of qualification certificates to the Korea Social Workers Association, an incorporated association, based on this, for the obstruction of performance of official duties by fraudulent means; and (d) the lower court acquitted

2. On October 31, 2012, the court below found the Defendant not guilty on the grounds of ex officio appeal: (a) changed the “essential 10 subjects” of the instant charges into “essential 10 subjects, including field training in social welfare”; and (b) up to two through four, the court requested changes in the indictment to delete “on-the-job training in essential subjects shall be conducted at least 120 hours on-the-job training at a corporation, facility, institution, or organization related to social welfare services under the Social Welfare Services Act; and (c) the court permitted changes in the indictment; and (d) on March 5, 2013, the court maintained the revised charges as stated above as the primary charges and added Article 313 of the Criminal Act to the name of the offense “disorder with business” and the applicable provisions of the Criminal Act, and the following ancillary charges:

4.(a)

As stated in paragraph (1), an application for amendment to a bill of amendment was filed, and since this court permitted it, the judgment of the court below was no longer maintained.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there are such reasons for ex officio reversal.

3. Judgment on the primary facts charged

A. To acquire class 2 social welfare qualification certificate as a summary of the primary facts charged, above the level of final academic background and field training in social welfare subjects.

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