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(영문) 인천지방법원 2014.03.28 2014고정852
위계공무집행방해등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the captain and the actual owner of the “B(1.58 tons)” of the coastal complex fishing vessel (1.58 tons) at the time of the transfer by Incheon reinforced

1. In order to obtain renewal of a license for the operator of a small-type ship engaged in obstruction of performance of official duties by fraudulent means, he/she shall have served as a captain for at least one year;

Although the Defendant was on board “B” for about seven months from January 1, 2009 to January 24, 2013, the Defendant, on January 24, 201, prepared a false certificate of work experience that he/she was on board as the captain of the relevant vessel for 24 months from January 11, 2011 to January 24, 2013, and submitted to the public official in charge of the officer’s license for a small-type ship operator (license number C) by submitting to the public official in charge of the officer’s license for the renewal of the license for a marine officer to renew the license.

As a result, the Defendant interfered with the legitimate execution of official duties by the public official in charge of the license by fraudulent means.

2. The Defendant who violated the Ship Personnel Act: (a) voluntarily prepares a false certificate of work experience on board as stated in the above paragraph (1) and submit it to the public official in charge of the officer’s license of the Incheon Regional Maritime and Port Authority; and (b) obtained the certificate of

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a certified marine officer license, a copy of a certificate of work experience on board, and a certificate of report on boarding;

1. Relevant Article 137 of the Criminal Act, the choice of punishment for an offense, Article 137 of the Criminal Act, Article 27 subparagraph 1 of the Ship Personnel Act, and Article 4 of the Ship Personnel Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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