beta
(영문) 서울북부지방법원 2016.05.31 2016고정955

위계공무집행방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B is the representative director of C Co., Ltd., a infant care service company, and the defendant was the employee of the above company. B around November 4, 2015, at the above company office located in the second floor of DD building in Gangnam-gu Seoul Metropolitan Government, the defendant applied for the Class 1 driver's license test in the name of B on behalf of B, and the defendant consented thereto.

B around 08:00 on November 5, 2015, around 08:00, at the above company office, one copy of the identification certificate of his temporary resident registration and one photograph to be attached to the driver's license required for the above substitute test was presented to the defendant. The defendant, from around 09:30 on November 5, 2015 to 13:00, at the Dobong driver's license examination site located in the same Nowon-gu in Seoul Special Metropolitan City as Nowon-gu, Nowon-gu, 149, entered the personal information in B on the driver's license test (class 1 common) list of the vehicle and submitted it to the public official in charge of the receipt of the driver's license test along with his identification photograph attached to the driver's license test (class 1 common) and submitted a temporary resident registration verification certificate as B, and each public official in charge of the road driving test and submitted a temporary resident registration verification certificate and the provisional resident registration certificate to the public official E (class 4).

Accordingly, in collusion with B, the Defendant interfered with legitimate execution of duties concerning the management and supervision of the driver's license test and the issuance of the driver's license by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the police and the interrogation of suspects by the prosecution concerning B;

1. Statement made by the police for E;

1. A written accusation;

1. Application of response statutes to the table of application for a driver's license test, applications for a driver's license test, requests for investigation cooperation;

1. Relevant Article of the Criminal Act and Articles 137 and 30 of the Criminal Act concerning the selection of punishment;

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