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Reasons
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(영문) 서울남부지방법원 2019.06.21 2018고단1574 (1)
위계공무집행방해
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A defendant shall be punished by imprisonment for one year.

except that 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

1. The Defendant and B, “2018 Godan1574,” are Chinese nationality.

B, with the knowledge that the driver’s license does not meet the requirements for the issuance of the pertinent driver’s license, B intended to borrow the driver’s license to the Defendant and apply for the test under the Defendant’s name on behalf of the Defendant, and planned to obtain the driver’s license under the Defendant’s name. On December 20, 2017, the Defendant stated that “In order to obtain the driver’s license to use the license on behalf of the Defendant, the Defendant applied for the license on behalf of the Defendant and obtained the driver’s license on behalf of the Defendant for one month after obtaining the driver’s license to use the license,” and the Defendant consented to this and issued the driver’s license and let B apply for the

On December 21, 2017, B passed the written examination, presenting it to the test supervisor who is unable to identify the defendant's name while applying for a Class II driver's license for motor vehicles in Gangseo-gu Seoul Metropolitan Government, and passed the written examination. On January 4, 2018 and January 9, 2018, the above D examination site presented the defendant's foreigner registration certificate to the test supervisor E while applying for the functional examination.

In collusion with B, the Defendant interfered with the legitimate execution of duties concerning the test and supervision of the D Testing Director E, etc. by deceptive means.

2. On April 19, 2018, the Defendant: (a) around 18:00 on April 19, 2018, the Guro-gu Seoul Metropolitan Government Ftel G received KRW 100,000 won per hour from H, a guest, from the said place; and (b) notified the said place to the female employee I to give 60,000 won to the female employee I, and (c) assisted the said I to engage in sexual intercourse against the said H.

Summary of Evidence

[2018 Highest 1574]

1. Police suspect interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. A written statement of the E (D Examination Director);

1. An application list for a driver's license test;

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