beta
(영문) 서울동부지방법원 2013.10.18 2013고정2057

위계공무집행방해

Text

The sentence against the accused shall be 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

In order to apply for the qualifying examination for assistant nurses, he/she shall complete a training course for at least 740 hours at a private teaching institute for the training of assistant nurses (hereinafter referred to as "private teaching institute for nursing") and at least 780 hours at a medical institution or a public health clinic (including at least 400 hours at a general hospital or hospital among this).

Nevertheless, the Defendant did not meet the qualification requirements for an assistant nurse qualification examination as above and passed the qualifying examination for an assistant nurse registered in the course of classroom subjects in collusion with the president C of the BAD on March 10, 2012, and passed the first half of the year 2012, and obtained a false certificate of completion of an assistant nurse’s course under the name of the president of BADD on April 16, 2012, and submitted it to the public official in charge of the Seoul Metropolitan Government Health Policy and the name in charge on April 17, 2012 to obtain a license for an assistant nurse.

Accordingly, in collusion with the above C, the defendant interfered with legitimate execution of duties concerning the issuance of the assistant nurse qualification certificate of the public official in charge of Seoul's health policy and name in a fraudulent manner.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing the issuance of certificates of assistant nurses and the completion of educational courses for assistant nurses;

1. Articles 137 and 30 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;