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(영문) 대전지방법원 논산지원 2014.10.28 2014고정113

위계공무집행방해

Text

1. Defendants shall be punished by a fine of KRW 2,000,000.

2. The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A and B’s co-offendered Defendant A obtained the certificate of class 2 social workers and performed F in the Military E Center granted from September 2008.

In order to obtain a certificate of the second-class social welfare worker, he/she shall complete the subjects of the second-class social welfare field training, and the above field training of social welfare shall undergo at least 120 hours under the guidance of the instructor who has practical experience in social welfare programs for at least five years as a person who has a second-class social welfare certificate at a training institution, such as facilities related to social welfare programs, etc.

Defendant

On March 13, 2012, A received request from Defendant B to issue a false certificate of practical training as if he completed on-the-job training at the Centre E Center, and the fact was not a fact that Defendant B received on-the-job training at the Centre E Center assigned by Defendant B. On April 13, 2012, A prepared a false certificate of practical training of social welfare, stating that “B completed on-the-job training at the Centre E Center assigned by B in accordance with Defendant A’s instruction from March 26, 2012 to April 13, 2012,” and that “B completed on-the-job training at the Centre E Center assigned by Defendant E Center,” and that Defendant A completed a false certificate of practical training of social welfare, stating Defendant A as a practical instructor.

On October 24, 2012, Defendant B applied for the issuance of class 2 social workers certificate, along with the record of the subjects of social welfare field training, which was falsely completed at the Korea Social Workers Association. On October 29, 2012, Defendant B obtained class 2 social workers certificate under the name of the Minister of Health and Welfare.

As a result, the Defendants conspired with the Minister of Health and Welfare to interfere with the execution of duties concerning the issuance of the second class social welfare worker certificate.

2. Defendant A and C’s co-offenders Defendant A obtained the certificate of class 2 social workers and performed F in the Military E Center granted from September 2008.

In order to obtain a qualification certificate of class 2 social welfare worker, it is essential to complete the subjects of class 3 credits social welfare field training, and the above field training of social welfare is actually conducted.