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(영문) 대전지방법원 천안지원 2013.05.02 2013고단186

위계공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant, based on the facts, served as the secretary at the E Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government from around 2009 to October 201, and served as the secretary at the second floor G hospital of the Seoul Guro-gu Seoul Metropolitan Government from November 1, 201 to October 31, 2012, is a person who worked as the secretary at the second floor G hospital of the Seoul Guro-gu, Seoul Metropolitan Government Government, and H, I, J, and K are called “Brok” for mediating the sale and purchase of private taxi licenses.

L, M, N,O, P, Q, R, T, and U are the persons who have transferred their licenses before five years have not elapsed since each individual taxi license was acquired.

Meanwhile, the Passenger Transport Service Act provides that a person who has obtained a license for private taxi transport business (hereinafter “private taxi transport business license”) shall not transfer the license unless he/she is unable to drive directly due to disease requiring medical treatment for at least one year within five years from the date of acquisition.

However, if a diagnosis is submitted as a document proving the reason for transfer while applying for the transfer of a private taxi license, the public official in charge shall depend on the doctor's diagnosis or opinion and take the authorization disposition.

Using this, the Defendant and Bracker H et al. issued a false medical certificate as if they were unable to drive directly due to diseases requiring medical treatment for more than one year, and submitted it to the competent administrative agency along with a written application for authorization of transfer and acquisition of personal taxi licenses.

2. Criminal facts;

A. A. Around September 2009, H, I, and J received a request from L to sell a V private taxi license by using a false diagnosis certificate, etc., and requested Broman I to create a false diagnosis certificate while introducing L. I again requested the Defendant, the director of the hospital, the director of the hospital, to issue a false diagnosis certificate on L. The Defendant is the defendant.