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(영문) 서울서부지방법원 2019.10.16 2019고단2551
위계공무집행방해
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a household factory with Chinese nationality, and Defendant B is a business partner of a company operated by Defendant A with Korean nationality.

Defendant

A, in order to obtain a driver's license in the Republic of Korea, in order to show the test problem through mobile phone C message, requested the Defendant B to inform the Defendant of the answer, and the Defendant B accepted it.

Accordingly, at around 14:50 on July 18, 2018, Defendant B waiting at the coffee shop at the center of the E driver’s license test site located in Mapo-gu Seoul Mapo-gu, Seoul, and Defendant A, on the same day, taken a mobile phone test issue at the test site to be viewed by Defendant B, sent it to C message so that Defendant B can be seen, and applied for the second-class ordinary driver’s license examination after transmitting the answer made in Korean again from Defendant B to Defendant B.

Accordingly, the Defendants conspired and interfered with legitimate execution of duties in relation to the test management of the E driver's license test management by the test supervisor belonging to the Road Traffic Authority deemed public officials through deceptive means.

Summary of Evidence

1. The defendant A's partial statement

1. Each police interrogation protocol against the Defendants

1. A written statement;

1. Each police seizure record and the list of seizure;

1. Determination of the application list, C details, and defense counsel's assertion

1. The summary of the argument is that Defendant A recognized the crime of obstruction of performance of official duties by fraudulent means, such as the description of the facts charged, but there is no conspiracy with Defendant B.

Defendant

B The Defendant A sent the answer with the knowledge that the answer of the problem that is understood as being the result of the practical examination after the course of study is completed and the practical examination is conducted, and there is no conspiracy or execution of the above crime with the Defendant A.

2. The following facts are acknowledged based on the evidence duly adopted and examined by the court.

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