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(영문) 대구지방법원 포항지원 2014.07.09 2014고단309
위계공무집행방해등
Text

Defendant

A shall be punished by a fine of 700,000 won, and a fine of 300,000 won, respectively, for Defendant B.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person working as a seafarer of C (Towing, 127 tons, and Busan Ship) and the defendant B is the owner of D(32 tons) of the offshore fishing fishing vessel with the loading of the Posi, Yongpo-si in the Posi.

In order to obtain renewal of the 6th mate's license and 4th mate's license, he/she shall have at least one year of duties suitable for the license within five years before the date of application for renewal, or at least two years of work experience on board a ship which is not a ship's personnel.

1. On April 5, 2013, Defendant A, a joint criminal defendant, on the part of the Defendants, on the part of the public official E in charge of issuing a marine officer’s license at the public service center of the Posi Port Office located in the port located in the port located in the port located in the port located in the port located in the port located in the port located in the port located in the port located in the port located in the port located in the port located in the port located in the Posi-si, the certificate of work experience prepared in the name of the Defendant B, the certificate of work experience, the certificate of personal seal impression, the medical examination certificate, and the certificate of a marine officer’s license, submitted to the public official E in charge of issuing a marine officer’s license, and obtained the renewal of the

However, Defendant A stated in the bill of indictment on February 5, 2010 as of April 5, 2010, but appears as the clerical error on February 5, 2010 and even if it was corrected ex officio, it seems that it does not entirely hinder the Defendants’ right to defense. Thus, Defendant A’s correction ex officio.

From June 10, 2012 to June 10, 2012, even if the above D (32 tons) did not get on decks at all, Defendant B prepared a certificate of work experience on board with the permission of Defendant B.

As a result, the defendants conspired to submit a false certificate of work experience on board and renewed the 6th mate's license and the 4th mate's license and interfered with the renewal of the license of the public officials belonging to the Posi Port and Port Office by deceptive means.

2. Notwithstanding that those violating the Ship Personnel Act of Defendant A are not granted a marine officer license by fraud or other improper means, the Defendant is illegitimate by submitting a false certificate at the time and place specified in paragraph (1).

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