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(영문) 전주지방법원 2017.07.14 2016노1139
직권남용권리행사방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the court below erred in finding the Defendant not guilty of the charges of this case due to misunderstanding of facts and misapprehension of legal principles, which led the Defendant, as the superintendent of education, to refuse to submit secondary audit data by the Ministry of Education Science and Technology (hereinafter “Ministry”) as stated in the facts charged (hereinafter “the instant instruction”) and the public officials belonging to the Office of Education and the President of the R School within the jurisdiction of the I Office of Education and the Plaintiff’s refusal to submit specific audit data, etc.

2. Prior to the judgment on the grounds for an ex officio appeal, the part of the judgment below that "public officials belonging to the Office of Education such as the Director General of the I Office of Education, the Director General of the Office of Education, the Director General of the Office of Education, the Director General of the School Education, the Director of the Human Nature Health Department, and the Supervisory Officer in charge of school education and secondary education, including the Supervisory Officer K of the I Office of Education, are examined ex officio, and that the prosecutor applied for permission to change the contents of "The Superintendent of the I Office of Education, the Director General of the Office of Education, the Supervisory Officer CR, the Human Nature Health Department CS, the Supervisory Official CTS, the Human Nature Health Department CTS, the school inspector CT, the school inspector CU, the school inspector CU, the school inspector, the school education department, and the school inspector BA of the I Office of Education," and the part of the judgment below is no longer maintained.

However, notwithstanding the above reasons for ex officio reversal, the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles is still subject to the judgment of this court. However, since this part of the facts charged was modified at the time of the trial as follows, it is intended to determine the legitimacy of the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles based on the modified facts charged.

3. Judgment on the prosecutor's assertion

(a) change;

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