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(영문) 창원지방법원 2013.10.10 2013노1340
위계공무집행방해등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for six months, Defendant B, and C are punished by a fine of 3,00,000, and Defendant D.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (six months of imprisonment) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the prosecutor (Defendant A: imprisonment of six months, Defendant B, and C: fine of five million won each, Defendant D, and E): The amount of fine of three million won each) is too uneased and unreasonable.

2. Judgment ex officio is examined prior to the judgment on the grounds for appeal by the defendant A and the prosecutor

1) The summary of the facts charged as follows: (a) the Organizing Committee decided the public tender for the H event proposal project (total estimated project cost of KRW 8.2 billion) through limited competitive bidding; (b) according to the bidding plan, the public tender for the event proposal is announced on the website of the Public Procurement Service on April 5, 2012; and (c) on April 13, 2012, the Organizing Committee held a project explanation meeting against the 51 proposing companies, including the plan for the public tender in the meeting of the Organizing Committee; and (d) on May 20, 2012, upon receipt of an application for registration of preliminary evaluators from experts, university professors, and public officials with expertise in the total nine fields, such as advertising, public relations, events, marketing, and design, 32 preliminary evaluators were assigned to the final evaluation committee members by the method of preliminary evaluation of the number 201 and the number 32 of preliminary evaluation committee members by the method of preliminary evaluation of the number 203 of the evaluation committee.

On May 30, 2012, nine examiners selected as above were determined as successful bidders by giving points to each company that has responded to the public offering of an event agency in accordance with the criteria table for evaluation points set in advance by each company that has participated in the public offering of an event agency.

When a contracting officer forms an evaluation committee member in accordance with the "Standards for the determination of successful bidders at the time of tender by local governments" (Ordinance No. 214 of the Ministry of Public Administration and Security), he/she is obligated to thoroughly maintain security, and a list of evaluation committee members shall

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