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(영문) 부산지방법원 동부지원 2017.10.25 2017고단1596
위계공무집행방해교사
Text

1. Defendant A

A. Defendant shall be punished by a fine of KRW 3,000,000.

B. The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Busan District Court Seo branch on May 10, 2017, and two years of suspended execution, which became final and conclusive on May 18, 2017 and is currently in the grace period.

[Criminal facts]

1. Defendant A does not appear to have a test, which is left behind the driver license examination, on June 2017, to B, who is a dynamic police officer.

In lieu of the examination, the above B had the defendant take the test instead of the Class II bicycle driver's license test on behalf of the defendant.

On June 20, 2017, at around 14:50, the Defendant: (a) submitted the Defendant’s application list, resident registration certificate, and pretended to be the Defendant; and (b) instigated the Defendant to interfere with F’s legitimate performance of duties, who is a public official of the above licensing test commander, who is in charge of the fair implementation of the said driver’s license test, by deceptive means, by having the said B apply for the function test for the Class 2 motor device bicycle driver’s license.

2. On June 2017, Defendant B accepted the request from a policeman to apply for a driver’s license test instead of the driver’s license test as stated in the preceding paragraph.

On June 20, 2017, around 14:50, the Defendant submitted A’s application sheet and resident registration certificates to the above E driver’s license examination site in accordance with the above E driver’s license examination site, and applied for a Class 2 bicycle driver’s license test instead of a Class 2 bicycle driver’s license test as if the Defendant was A, and thereby interfered with F’s legitimate execution of duties, who is a public official of the above licensing examination site, under supervision over the fair implementation

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to F;

1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Articles 137 and 31(1) of the Criminal Act; selection of fines

B. Defendant B: Article 137 of the Criminal Code; Selection of a fine

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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