beta
(영문) 창원지방법원 진주지원 2017.06.08 2017고정139

위계공무집행방해등

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On January 25, 2016, the Defendant issued a false certificate of completion of education from the head of the relevant private teaching institute C, and submitted it to the public official in charge of being aware of the fact that he/she completed the education in the private teaching institute located in Jinju City, and received a license for small construction machinery pilot license.

Accordingly, the Defendant, as seen above, obstructed the performance of duties by a public official in charge of issuing a construction machinery operator license by fraudulent means, and received a construction machinery pilot license by illegal means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A criminal investigation report (attaching a copy of the relevant case transfer report, etc.);

1. The application of Acts and subordinate statutes to report on investigation (a copy, etc. of the place of false preparation and education);

1. Relevant criminal facts: Article 137 of the Criminal Act; subparagraph 2-2 of Article 41 and Article 26 of the Construction Machinery Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment - The confession, reflectivity, and beginning offense;