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(영문) 서울북부지방법원 2014.08.11 2014고정1532
위계공무집행방해교사
Text

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

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

Reasons

Punishment of the crime

On April 26, 2013, the Defendant was sentenced to imprisonment for eight months and a fine of 300,000 won, suspended execution of two years, probation two years, and community service order for 80 hours at the Seoul Central District Court on April 26, 201.

According to the above judgment, the Defendant has a duty to faithfully perform the community service order for 80 hours at the C social welfare center located in Gangnam-gu Seoul Metropolitan Government B for 15 days.

Nevertheless, the Defendant promised to the purport that “the Defendant would pay 50,000 won per day on which the Defendant performed the community service order on behalf of the Defendant,” to the person who was in distressed name in the Yellow-dong, Jung-gu, Seoul, Seoul. In order for the said person to perform the community service order on behalf of the Defendant.”

Therefore, from October 30, 2013 to November 13, 2013 of the same year, the Defendant had the above person under whose name the Defendant had attended the above C community welfare center on behalf of the Defendant, and had D, an employee of the Seoul Northern Probation Office, who is entrusted by the Seoul Northern Probation Office, manage the implementation of the community service order, perform the community service order falsely for 60 hours, such as having D affix his/her signature and seal on the defendant’s name in the situation book of execution of the community service order managed by the Seoul Northern Probation Office.

After all, the Defendant had his name-in-facted person interfered with the legitimate performance of duties concerning D's community service order management through the aforementioned deceptive scheme.

Summary of Evidence

1. Defendant's legal statement;

1. Written confirmation of statements of witnesses of D;

1. Probation cards and places of permission for detention;

1. Court rulings, criminal records, reply reports, and report on the results of confirmation; and

1. Application of the Acts and subordinate statutes governing photographing suspects;

1. Relevant provisions of the Criminal Act and Articles 137 and 31 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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