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(영문) 수원지방법원 2019.05.08 2019고단1024
위계공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant submitted two copies of the career certificate in the name of the above transfer center, and two copies of the career certificate in the name of the above hospital that the Defendant worked as an emergency medical technician for the total of 1 year and 7 months from “C hospital” and “Dic Foundation E Hospital,” respectively, in the name of the above hospital, to the public official in charge of the human resources development team of the Gyeonggi-do fire-fighting and emergency medical service in the field of new employment and emergency medical services for local fire-fighting officers of Gyeonggi-do in 2016, which were conducted by the Gyeonggi-do Office for Disaster and Safety of Gyeonggi-do and implemented by the Gyeonggi-do Office for Disaster and Safety of Gyeonggi-do.

However, the Defendant had no record of working at “B”.

Nevertheless, the Defendant submitted a false career certificate as above and carried out as if he had career experience for at least two years in the relevant type of business, who is the applicant for the above recruitment examination, and as a result, passed the above document screening around July 19, 2016, and passed the final decision on July 22, 2016.

As a result, the Defendant interfered with the legitimate execution of duties such as public officials F, etc. belonging to the document screening committee, which examines the above document screening type by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Report on internal investigation (the Gyeonggi-do Employment Examinations for Local Fire Officers in 2016 attached to the public notice).

1. Requests to investigate documents related to competitive employment of first-aid services career;

1. Application of Acts and subordinate statutes of each certificate of career, certificate of submission of documents, and certificate of actual acquisition of qualifications for health insurance;

1. Article 137 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The sentencing criteria shall be set.

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