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(영문) 창원지방법원 진주지원 2017.06.09 2017고정90
위계공무집행방해등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although a small construction machinery operator's license for small construction machinery is entitled to obtain a license for completing the prescribed course of study on the operation of small construction machinery conducted at an educational institution designated by the Mayor/Do Governor (or 6 hours in theory, 6 hours in practice), the Defendant was in Jinju City from November 12, 2015 to August 18, 2015. Although there was no theoretical and operational training necessary for obtaining a license for a small construction machinery operator's license for less than 3 tons from D driving school, the Defendant received the certificate of completion of education issued unlawfully by E, the head of the above driving school, as if the Defendant completed the education.

Therefore, on November 18, 2015, the Defendant submitted to the public official in charge of construction and construction management teams a false certificate of completion of education issued by the above E on September 18, 2015, 9 a.m. 12. South Maritime Office issued by the South Maritime Office, the Defendant issued a small construction machinery pilot's license to the public official in charge of construction and construction management teams.

Accordingly, the defendant was issued a small-sized construction machinery pilot's license unlawfully and at the same time interfered with the public official in charge of issuing a small-sized construction machinery pilot's license by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A copy of an education course for the operation of small construction machinery;

1. Application of statutes on a copy of a construction machinery pilot's license;

1. Article 137 of the Criminal Act, Article 41-2 and Article 26 of the Construction Machinery Management Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who has committed a crime of obstructing the performance of official duties in a judgment heavier than punishment);

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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