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(영문) 인천지방법원 2014.06.20 2014고정66
위계공무집행방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the captain of the Gopoong-si Haak-si Haakak-si fishing vessel C(7.93 tons) and D is the owner of the above fishing vessel.

1. From January 3, 2012 to February 4, 2013, the Defendant of obstruction of the performance of official duties by fraudulent means asked D, in an employment relationship, to prepare a false certificate of work experience as if he/she was on board C during the above period, to obtain renewal of the license, even though he/she did not have been on board as the captain, and D, in the absence of the fact that he/she was on board as the captain from January 3, 2012 to February 4, 2013, he/she prepared a false certificate of work experience on board that he/she was on board as the captain of C from January 3, 2012 to February 4, 2013 to put it on the captain of C.

On February 2, 2013, the defendant submitted to the public official in charge of the officer's license of the Incheon Regional Maritime Port Authority an application for renewal of a marine officer's license, accompanied by a false certificate of work experience obtained from D, which was issued on February 2, 2013.

Accordingly, the defendant and D jointly interfered with the public duties of the public officials in charge of issuing the license for the officer of the Incheon Regional Maritime Port Authority through a deceptive scheme.

2. The Defendant in violation of the Ship Personnel Act shall submit a false certificate of work experience on board as described in paragraph (1) to obtain a license to engage in a small-type vessel operator prescribed in paragraph (1) by fraud or other improper means

Summary of Evidence

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Applications for renewal of licenses for marine officers;

1. Determination of the defendant and defense counsel's assertion on the certificate of work experience on board, fishing vessel crew members, and small ship pilot's license;

1. The defendant and his defense counsel on the summary of the defendant's assertion that he was the criminal defendant's husband. The defendant goes on board to G from July 10, 2008 to April 24, 2009, from September 7, 2009 to December 7, 2009, and from September 16, 2012 to February 2013 respectively. Accordingly, the defendant's period of boarding exceeds one year since five years from the date of application for the renewal of the defendant's license exceeds one year.

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