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(영문) 대구지방법원 포항지원 2014.07.09 2014고단310
위계공무집행방해등
Text

Defendant

C shall be punished by a fine of 700,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to have a third mate's license renewed, a person must have at least one year's work suitable for the license within five years prior to the date of application for renewal or at least two years' work experience on board a ship which is not a ship's personnel.

On April 10, 2013, the defendant obstruction of the performance of fraudulent means: (a) the public official D in charge of issuing a marine officer's license at the public service center of the public service center of the Posi port located in the port located in the port located in the north-gu port on the port of port on April 10, 201; (b) the defendant was on board as the captain of the coastwise fishing vessel E (1.40 tons) at the port of loading at the port of port from October 2008 to May 201; (c) the certificate of work experience prepared in the name of the defendant's accompanying F, the ship's crew member's health examination certificate, and the renewal of a marine officer's license; and (d) the third mate's license was renewed on the same day.

However, from October 2008 to May 201, the Defendant did not board as the captain of the above subparagraph (1.40 tons) between December 12, 2011 and April 10, 2013, and the above career certificate was prepared by the Defendant at his own discretion.

Accordingly, the defendant entered his work experience falsely and has renewed his third mate's license, thereby hindering the renewal of the license of the public officials belonging to the Posi Port Regional Maritime Port Authority and the Maritime Safety Authority by fraudulent means.

B. Notwithstanding the fact that any person violating the Ship Personnel Act was not granted a license by fraud or other improper means, the Defendant was granted a license by submitting a false certificate of work experience on board at the time and place stated in the above paragraph (a).

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of an application for renewal of a marine officer license and a certificate of work experience;

1. The application of Acts and subordinate statutes to the National Maritime Police Agency's comprehensive information system for ship entry and departure ports;

1. Article 137 of the Criminal Code (the point of obstruction of performance of official duties by fraudulent means), Article 27 subparagraph 1 of the Ship Personnel Act and Article 4 of the Ship Personnel Act (the point of an unlawful renewal of license), the choice of fines as to the relevant criminal facts.

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