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(영문) 부산지방법원 2017.03.29 2017고단342
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is the head of the Ministry of Justice of the "F church" in the Suwon-gu Busan Metropolitan City, listened to the complaint that the above church G and H have a sexual relation for taking narcotics and inappropriate for taking them, who used his status as a public official belonging to the police station of the Busan Metropolitan Government Police Station to confirm the above G's criminal records, etc.

1. No person who violates the Resident Registration Act shall unlawfully use any third person's resident registration number;

Nevertheless, around 09:54 on April 5, 2016, the Defendant had access to the criminal justice information system (KS) site using official computers at the civil petition counseling center located on the first floor of the Busan BY police station at the Busan BY police station at 26 Busan. On April 5, 2016, the Defendant entered and searched the resident registration number (I) of the above G, which was discovered through the above church’s personal history card.

Accordingly, the defendant used another person's resident registration number unlawfully.

2. Notwithstanding the fact that a civil petitioner received a written complaint against the above G, the Defendant had been subject to punishment by accepting a written complaint against the person subject to investigation on the “request screen” column of the above “written request for search of the person subject to investigation” without having received the written complaint against the said G, at the time and place specified in the preceding paragraph.

As such, after falsely indicating whether it is the same content or not and making a double acceptance, the court has obtained approval from the court which misleads the person in charge of the above police station to believe that there is a legitimate reason for search of the person under investigation by obtaining electronic approval from the court.

As a result, the Defendant interfered with legitimate execution of duties concerning the search approval duties of the investigation subjects under the KICS system (KICS) by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. The screen and reference materials of the ICS investigator;

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