logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.08.27 2014고정2562
위계공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Defendant A and C’s obstruction of performance of official duties by fraudulent means asked D, the owner of B and C, to prepare a false certificate of work experience as if he/she was on board the ship, although he/she did not have been on board as the captain of B and C, to obtain a marine officer’s license. D was on board the captain of B for about eight months from June 1, 2009 to February 20, 2010, although he/she did not have been on board the ship at all, even though he/she was on board the ship, and C was on board the captain for about two months from June 25, 2013 to August 8, 2013, even if he/she was on board the ship for about two months from February 16, 2013.

8. Until August 8, a false certificate of work experience was prepared to the effect that he/she was on board as the captain C for about six months and was placed on the defendant.

On August 9, 2013, the defendant submitted an application for renewal of a marine officer's license to a public official in charge of the renewal of a marine officer's license of the Busan Regional Maritime Port Office, accompanied by a false certificate of marine officer's career from D, and received a license for the fourth and fifth mate (license number E) and the fifth mate (F).

As a result, the defendant, together with D, interfered with the execution of duties by public officials in charge of issuing the license to the Busan Regional Maritime Port Authority by fraudulent means.

2. When anyone who violates the Ship Personnel Act fails to obtain a marine officer's license by fraudulent or other illegal means, the defendant has obtained a license for the fourth and fifth mate by submitting a false marine officer's license as described in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning G;

1. A certified marine officer's license renewal application, a certified marine officer's license, a certificate of work experience on board, and a certified national technical qualification certificate;

1. Application of Acts and subordinate statutes to investigation reports (suspect A's actual work experience);

1. Relevant Articles of the Criminal Act and Articles 137 and 30 of the Criminal Act (the point of obstruction of performance of official duties by deceptive means) and the Ship Personnel Act concerning criminal facts.

arrow