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(영문) 서울중앙지방법원 2015.05.28 2015고정1861
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 23, 2008, the defendant was unable to enter the name of his own country and entered the Republic of Korea using a passport in the name B, which is a person B (B and C) of his permitted territory, and obtained a Class I driver's license in the Gangnam driver's license test site on January 23, 2008 through the foreigner's registration certificate.

On September 27, 2010, the Defendant was issued a driver’s license under B in the name of the staff under the Gangnam-gu driver’s license test site of the Road Traffic Authority, on behalf of the head of Gangnam-gu Seoul National Police Agency for the re-issuance of the driver’s license, while driving as B, stated B’s personal information in the application for re-issuance of the driver’s license, accompanied by the Defendant’s photograph, and submitted it to the person who was unaware

Accordingly, the defendant interfered with the legitimate execution of duties concerning the re-issuance of the driver's license by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. An applicant for illegal issuance of driver's license shall request to investigate it;

1. The application of Acts and subordinate statutes to a license ledger, license history inquiry, and re-issuance application;

1. Relevant Article of the Criminal Act and Article 137 of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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