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(영문) 대전지방법원 2016.05.26 2016고단832

업무방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has served as a teacher in English in D High School.

On June 16, 2015, the Defendant: (a) conducted an examination for the performance evaluation of fishing career 1 semester at D High Schools located in Seo-gu Daejeon, Daejeon; (b) conducted an examination for the performance evaluation of fishing career 1 semester in February 2, 2015; and (c) came to know that F, a student of the second grade and the seventh grade of the above school, entered only 1 and 2 issues in five items of the performance evaluation and entered the results into the said examination and entered the results as 11 points.

At around that time, the Defendant informed 5 questions in the above F in the English exclusive classroom of D High School and instructed she to enter her answer in a new answer sheet, and received a new answer sheet stating 1,2, and 3 questions from F.

In addition, the Defendant bound F’s new answer points as if they were written at the time of the examination, and added F’s performance evaluation points to 13 points.

Accordingly, the defendant interfered with the management of school affairs and sexual treatment of D High Schools belonging to D Educational Institutes Dic Institutes by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Statement of F;

1. Accusation against a criminal charge;

1. A copy of the written answer by the defendant;

1. A copy of the English language of the second year and the I letter of answer of the teacher;

1. A copy of the certificate;

1. One copy of related data;

1. Application of Acts and subordinate statutes of one copy of a copy of audit results report;

1. Relevant Article 314 of the Criminal Act and Articles 314 (1) and 313 of the Criminal Act concerning the selection of criminal facts;

1. In light of the fact that the Defendant, who is an educator to serve as an example to the society of reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act, has reached the instant crime, there is a high possibility of criticism in that it is highly likely that the Defendant has committed the instant crime, and that this would seriously undermine the social trust in the process of examination at school, the nature of the instant

Therefore, it is necessary to punish the defendant strictly.

However, there is a special money in the course of the crime of this case that the defendant repents and reflects his mistake.