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(영문) 부산지방법원 서부지원 2017.08.07 2017고단457
위계공무집행방해
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

Defendant

A is a national of the Republic of Korea in Bangladesh, and is a company member working in Yangsan Co., Ltd. 85-ro 4-ro, Yangsan-si, Yangsan-si, and Defendant B is a company member working in the same company, and Defendant A is a company member working in the same company.

Defendant

A applied for the second-class ordinary driver's license examination in Korea, but failed to pass the second-class ordinary driver's license examination, and the defendant B asked the defendant B to inform him of the examination problem through the mobile phone image call function, and the defendant B accepted it.

Accordingly, on April 5, 2017, Defendant B waiting for the video call with Defendant A while waiting for at around 12:00, and Defendant A applied for a type 2 ordinary driver’s license by entering his examination number on the test computer in the D driver’s license test site located in Busan Sho-gu, in order to avoid surveillance by the supervisor E. on the same day. Defendant B fixed one cell phone on the front part of the Defendant’s personnel’s upper part of the front part of the upper part of the upper part of the upper part of the upper part of the upper part of the driver’s license in the form of 30 meters in width and length, so that Defendant B can see the test problem as a mobile phone image call, and Defendant B applied for a type 2 ordinary driver’s license by entering his examination number on the test computer.

After all, the Defendants conspired and interfered with the execution of duties related to the driver's license management of the test supervisor belonging to the testing commander of the Busan Northern Sea Authority, which is deemed a public official through deceptive means.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Police seizure records;

1. Application of Acts and subordinate statutes to an investigation report (Attachment, etc. of application table, etc. for an examination), investigation report (Attachment of mobile phone calls of only the suspect and communication data), investigation report (to hear reports on phone calls from witnesses);

1. Relevant Articles 137 and 30 of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts: Articles 137 and 30 of the Criminal Act and the choice of fines

1. Attraction of a workhouse;

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