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(영문) 창원지방법원 2013.06.27 2013고합112
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

Reasons

Criminal facts

1. On April 20, 2013, at around 20:20, the Defendant embezzled the property that he/she lost, on his/her own thought, without taking necessary measures such as discovering a wall containing one driver’s license owned by the victim C, and returning it to the victim, and embezzled the property that he/she lost from his/her possession.

2. On April 21, 2013, the Defendant’s unlawful uttering of official document presented his/her driver’s license to F as if he/she were a driver’s license for the Defendant, which was found in F, a public document under the name of the Commissioner of the Busan Local Police Agency, and obtained from F, who was demanded to verify the driver’s license by taking advantage of the vehicle at the Erenck maintenance shop located in Kimhae-si, Inc., Ltd., a corporation located in Kimhae-si.

3. The Defendant forged a private document under the name of C, which is a private document concerning rights and obligations, by stating “C and Kimhae-si H” in the “1 driver column of the vehicle lease contract without authority” without authority for the purpose of using G K5 car from F, at the date, time, at the place specified in paragraph 2, and signing after the name.

4. The Defendant, at the time and place specified in paragraph (2), exercised a forged vehicle lease contract by submitting it to F as if it were a document duly formed, as stated in paragraph (3).

5. Around 19:00 on April 21, 2013, the Defendant driving a G K5 car without a vehicle driver’s license from the parking lot of Erenca maintenance shop, a stock company, to the 134-8 March 8, 201, the distance of approximately 12km from the Erenca maintenance shop to the 134-8 third-distance street in Kimhae-si.

6. On April 22, 2013, the Defendant injured by a special obstruction of performance of official duties is a traffic police officer who was under the traffic control, and is likely to control the vehicle from the front side of the knive apartment distance in the Kimhae-si, while driving the said vehicle on April 11, 2013.

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