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(영문) 대구지방법원 포항지원 2014.09.24 2014고단315
위계공무집행방해등
Text

The sentence of punishment against the Defendants shall be suspended separately.

Defendants are not guilty of obstruction of the performance of official duties by fraudulent means.

Reasons

Punishment of the crime

1. Although a person who violates the Ship Personnel Act in Defendant B was prohibited from falsely proving his/her work experience on board the ship, the Defendant falsely proved his/her work experience on board the ship by means of preparing a certificate of work experience on board the ship’s seal imprint, as if he/she was on board the ship’s personnel during the above period, even though he/she did not board the ship at least one year from March 15, 201 to January 10, 201, as a ship’s personnel under the above E (7.93 tons) from March 15, 2011 to January 10, 2013.

2. Notwithstanding that those violating the Ship Personnel Act were not granted a marine officer license by fraud or other improper means, the Defendant received a marine officer license in an unlawful manner by submitting a false certificate as referred to in paragraph (1) at the request of the civil service offices of the Pohang-gu Office of the Port and Port Office located in the port and port of North Korea on January 14, 2013.

Summary of Evidence

1. Defendants’ legal statement

1. A copy of an application for renewal of a marine officer license and a certificate of work experience;

1. Application of statutes after inquiring about work experience A in the integrated ship access port management system of the Korea Coast Guard;

1. Article 27 subparagraph 1 of the Ship Personnel Act and Article 4 (Selection of Fine) Defendant B: Subparagraph 3 (Selection of Fine) of Article 27 of the Ship Personnel Act;

1. Defendant A to suspend the sentence: Fine of 300,000 won: fine of 100,000 won;

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) (each day, 100,000 won)

1. The Defendants of suspended sentence: The defense counsel on the defense counsel’s assertion under Article 59(1)(hereinafter referred to as the grounds for sentencing) of the Criminal Act is not a violation of the Ship Personnel Act, since it is difficult to view that Defendant A received a disposition to renew the license by means of insufficient examination by a public official in charge or by fraudulent or illegal means.

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