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(영문) 창원지방법원 진주지원 2017.09.14 2017고정305

위계공무집행방해등

Text

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

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

Reasons

Punishment of the crime

On June 2015, the Defendant was issued a certificate of completion of education as if the Defendant had completed all of the education in the pertinent private teaching institute, although the Defendant did not have completed all of the necessary theoretical (6 hours) and operational practice (6 hours) necessary to obtain a license for a pilot for less than three tons, other than the instant case, which is the head of the C private teaching institute, located in Jinju-si, Jinju-si. B.

On June 15, 2015, the Defendant continued to obtain a license for a small construction machine (a small construction machine with less than three tons) operator (a small construction machine) from a public official in charge of official in charge who is aware of the fact that the education received illegally as above was actually prepared by the Gu office of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon.

Accordingly, the defendant was issued with a construction machinery pilot's license in a fraudulent manner, and at the same time interfered with the public official in charge of issuing a small construction machinery pilot's license.

Summary of Evidence

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

1. Domestic investigation report (a copy of the letter of transfer of the case, such as C Institute D, etc.);

1. A report on internal investigation (a copy of an educational paper, a certificate of completion, and a detailed statement of mobile phone calls);

1. A fireproof report (Procedures for obtaining a license for a small-sized construction machinery operator);

1. A report on internal investigation (the part concerning examination of a certificate of education of a public official in charge of license);

1. Application of Acts and subordinate statutes to an investigation report (a request for issuance of a construction machinery pilot's license, etc.);

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. Selection of an alternative fine for punishment;

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

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