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(영문) 인천지방법원 2019.08.13 2019고단2679
위계공무집행방해
Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for six months, and by imprisonment with prison labor for four months.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A and Defendant D’s criminal act committed in December 2017, when taking the form of document screening conducted by the Ministry of Public Administration and Security around December 2017, the Incheon Metropolitan City Local Fire Officers Employment Examination for the Emergency Medical Service sector, which was conducted in the Ministry of Public Administration and Security, failed to “at least two years’ work experience in the relevant field,” which is the qualification for application and career limitation requirements, submitted false career data.

Defendant

A around that time, Defendant D, the head of (State)G team, known through the Internet recruitment announcement, requested that “as if he actually worked in (State)G from May 27, 2017 to July 8, 2017, he prepared a career certificate,” and Defendant D consented to Defendant A’s request, and then prepared a false career certificate and issued it to Defendant A with the same content as above at that time. Defendant A worked as an emergency medical technician from May 27, 2017 to July 8, 2017 as a public official in charge of the Human Resources Development Institute Grand Party of Incheon Metropolitan City around December 15, 2017. Defendant A worked as an emergency medical technician from May 27, 2017 to July 27, 2017.

“The above first-aid center’s representative director H submitted a certificate of career in the form of document screening. However, in fact, Defendant A did not have continued to work for the above period in the account book screening. Nevertheless, Defendant A submitted a false certificate of career as above and passed the final recruitment examination around December 29, 2017, as if he had work experience for at least two years in the pertinent type of business, which is the applicant for the above recruitment examination. As a result, Defendant A interfered with the legitimate execution of duties by public officials I who are reviewing the above document screening form by fraudulent means, and Defendant D assisted Defendant B by facilitating this. Defendant B’s crime committed on September 2, 2017, Defendant B applied for the career competition examination for local fire officers in Incheon Metropolitan City, which was conducted by the Ministry of Public Administration and Security around September 2017.

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