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(영문) 부산지방법원 동부지원 2017.06.29 2017고단607

위계공무집행방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] Defendant C is the director operating the “E-Medical Care Protection Private Education Center” located in Busan Young-gu D and takes charge of the recruitment of students, class and attendance of students, and issuance of various documents, such as certificates of completion of medical care, and Defendant B is a child of Defendant C, who is in charge of C’s duties and assist C’s duties in the absence of C’s duties.

In 208, the elderly long-term care insurance system has been introduced and operated as a national qualification for the care protection company, which is a private qualification of the employees of the existing medical care institutions. A person who intends to obtain a medical care doctor's license from the head of a metropolitan local government under the Welfare of Older Persons Act or the head of a metropolitan local government shall complete at least 80 percent of the standard educational course (at least 80 hours in theoretical lectures, practical practice: 80 hours in field practice, 80 hours in field practice: 240 hours in total), and obtain at least 60 percent of the qualifying examination for the care protection company. When applying for the issuance of a medical care doctor's license, he/she shall submit a certificate of completion of the medical care protection company's education, a certificate of confirmation of the on-site training at the care protection company's welfare facilities, and a certificate of evaluation of the on-site training at the welfare facilities to a metropolitan local government which is an institution that has issued the medical care protection company's license.

[Criminal facts]

1. From November 2, 2015 to June 30, 2016, the Defendants, including the Defendants, and F, filed an application for a course of the instant education center’s first or fourth medical care assistance program between 17 persons, including F, in the course of operating the “E Medical Care Protection Private Education Center” and 17 persons including F, applying for a course of the education center’s first or fourth medical care assistance program in 2015 and 2016, and even if the students did not attend the curriculum properly, the Defendants would make the most most likely that the curriculum has been completed normally, thereby promoting the convenience in the operation of their education center and preparing all documents, such as “certificate of completion of the education center for medical care care.”