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(영문) 춘천지방법원 원주지원 2017.10.19 2017고단612

위계공무집행방해

Text

Defendants shall be punished by imprisonment for eight months.

The execution of each of the above penalties shall be carried out for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A applied for a corrective broadcast of the employment examination for public officials in charge of local contracts at the Won-si in 2010, the Defendants conspired to prepare and submit a false career certificate in order to meet the career requirements of “a person who has served in the field of broadcasting (a person who has served in the Round and Roter) for at least three years.”

Accordingly, Defendant B obtained a false career certificate from “F company” to July 1, 2008, which read that “Defendant A had worked in F company from September 1, 2007 to July 1, 2008,” and Defendant A passed the employment examination for local public officials in charge of contracts in 5th of 2010, when submitting the resume stating the above false career certificate and the above career certificate on October 13, 2010 along with other documents for the original city.

As a result, the Defendants conspired in collusion and interfered with the performance of duties of public officials in charge of the general affairs division and the personnel affairs division in charge of the fair application and implementation of the above recruitment examination.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the prosecution with regard to G;

1. Each police statement made with respect to H, I, J, K, and L;

1. Public announcement of an implementation plan for the employment examination of public officials in the local contract position at the fifth anniversary of the year 2010, copies of the public announcement of the employment examination for public officials in the contracting position in 2010, application applications, resumes, certificates of career, and cooperation in investigation (fact-finding);

1. Each investigation report (round 21, 24);

1. Application of Acts and subordinate statutes to photographs, such as cutting down a text message and cutting down a e-mail;

1. Relevant Articles 137 and 30 of the Criminal Act and the choice of punishment for the crime (the Defendants)

1. Article 62(1) of the Criminal Act

1. Determination as to the defense counsel's assertion of Article 62-2 of the Criminal Act

1. The defense counsel shall either “the provision of local public officials in charge of contracts” or “the prime time.”